STATE v. FOSTER, 0703031898 (Del.Super. 1-19-2010)

STATE OF DELAWARE v. JOHN E. FOSTER, Defendant.

ID No. 0703031898.Superior Court of Delaware, New Castle County.
January 19, 2010.

On Defendant John E. Foster’s Appeal from Commissioner’s Findings and Recommendation.

Following De Novo Review, Commissioner’s Reportand Recommendation ACCEPTED.

Steven P. Wood, Esquire, Deputy Attorney General, Department of Justice, Wilmington, Delaware, Attorney for the State.

John E. Foster, Pro Se.

ORDER
JOHNSTON, J.

1. Following a Superior Court jury trial, defendant was sentenced as an habitual offender to a total of 18 years at Level V. The mandatory portion of the sentence subsequently was reduced by one year on the grounds that defendant had provided substantial assistance in connection with an unrelated criminal prosecution. The Delaware Supreme Court affirmed the conviction on direct appeal.

2. Defendant filed a Motion for Postconviction Relief pursuant to Superior Court Criminal Rule 61.

3. This Motion for Postconviction Relief was referred to a Superior Court Commissioner pursuant to 10 Del. C. § 512(b) and Superior Court Criminal Rule 62 for proposed findings of fact and conclusions of law. The Commissioner issued the Report and Recommendation on October 1, 2009. The Report sets forth the procedural history, defendant’s asserted grounds for Rule 61 relief, and analysis of the relevant facts and law. The Commissioner recommended that defendant’s motion for postconviction relief be denied.

4. Defendant filed an Appeal from Commissioner’s Report and Recommendation. Defendant’s appeal attempts to reargue the numerous issues raised in the motion. Defendant also has submitted many other documents (at the rate of approximately two letters per week) reiterating his assertions.

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5. The Court finds defendant’s repetitive arguments to be wholly without merit. The underlying substantive arguments were carefully and fully considered and addressed in the Commissioner’s Report and in defendant’s direct appeal.

* * * * * THEREFORE, defendant’s objections to the Commissioner’s Reportand Recommendation, entitled “Appeal from Commissioner’s FindingsRecommendation,” are hereby DENIED. The Court, having reviewedde novo the Commissioner’s Report and Recommendationpursuant to Superior Court Criminal Rule 62, hereby ACCEPTS THEREPORT AND RECOMMENDATION IN ITS ENTIRETY. DEFENDANT’S MOTION FORPOSTCONVICTION RELIEF IS HEREBY DENIED.
IT IS SO ORDERED.

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