IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
STATE OF DELAWARE, )
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Respondent/Plaintiff, )
)
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v ) Cr. ID. No. 0911008893
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)
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MYRON GIBBS, )
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Petitioner/Defendant. )
Submitted: November 21 , 2017
Decided: February 28, 2018
COMMISSIONER’S REPORT AND RECOMMENDATION ON
DEFENDANT’S THIRD MOTION FOR POSTCONVICTION RELIEF
Myron Gibbs, JTV, 1181 Paddock Road, Smyrna, DE 19977. Petitioner, pro se.
MANNING, Commissioner:
This 28th day of February, 2017, upon consideration of petitioner Myron
Gibbs’ motion for postconviction relief (hereinafter the “Motion”), l find and
recommend the following:
Facts and Procedural Historv
Following a jury trial, Gibbs Was convicted of Rape in the Second Degree,
Rape in the Fourth Degree and Offensive Touching on July 7, 2010. Gibbs Was
acquitted of Kidnapping in the Second Degree. Gibbs Was sentenced to, in total, 20
years at Level V suspended after 15 years for six months at Level IV followed by
probation. Gibbs subsequently filed a direct appeal to the Delaware Supreme Court
that Was denied on August 3, 2011.l
On July 27, 2012, Gibbs filed a motion for extension of time to file a motion
for postconviction relief pursuant to Superior Ct. Crim. Rule 61 .2 Gibb’s motion for
an extension of time Was denied by Judge William C. Carpenter Jr. on August 21,
2012.3 On November 13, 2012, Gibbs filed a motion for appointment of counsel to
assist him in filing his motion for postconviction relief; this motion Was also denied
as the time limit to file a motion for postconviction relief under Rule 61 had passed.
On December l 1, 2012, Gibbs filed a motion for postconviction relief; however, this
1 Gibbs v. Stal‘e, 2011 WL 3427211 (Del. August 3, 2011).
2 D.I. #52
3 D.I. #53
motion Was rejected by the Court as non-conforming4 On January 4, 2013, Gibbs
filed a motion to amend his motion for postconviction relief. On January 22, 2013,
Gibbs’ motions Were referred to Commissioner Michael P. Reynolds.5 FolloWing
an exchange of letters between Gibbs and the Court, Commissioner Reynolds
ordered that counsel be appointed to represent Gibbs pursuant to the recent Delavvare
Supreme Court decision in Holmes v. State.6
On June 2, 2014, With the assistance of counsel, Gibbs’ filed a complying
motion for postconviction relief.7 Following briefing by all parties, Commissioner
Lynne M. Parker filed her Report and Recommendation stating that Gibbs’ motion
should be denied.8 After a de novo revieW, Judge Carpenter adopted Commissioner
Parl