State of Delaware v. Honaker.
Annotate this Case
Download PDF
SUPERIOR COURT OF THE STATE OF DELAWARE RICHARD F. STOKES SUSSEX COU NTY C OUR THO USE JUDGE 1 THE CIRCLE, SUITE 2 GEORGETOWN, DE 19947 TELEPHONE (302) 856-5264 December 10, 2012 Johnny R. Honaker SB# 0020 Sussex Correctional Institution P.O. Box 500 Georgetown, DE 19947 RE: State of Delaware v. Johnny R. Honaker Case ID: 0212006828 Dear Mr. Honaker: Your motion for postconviction relief on case ID # 0212006828, Rape Fourth Degree, is summarily dismissed. You pled guilty to this charge May 7, 2003. You were sentenced to five years at L5 suspended for one year at L4 and four years of decreasing levels of supervision. Your motion and the record of the proceedings show that you are not entitled to relief. Super.Ct.Crim.R. 61(d)(4). Your motion for appointment of counsel is denied because you have not shown cause for such appointment. Super.Ct.Crim.R. 61(e)(1). On November 15, 2007, I sentenced you on your fourth VOP to 18 months L5 suspended after 3 months for 9 months L4 work release, then to be discharged as unimproved. You completed this sentence and were discharged July 12, 2009. You are now incarcerated on new charges. On case # 1108016412, the Honorable T. Henley Graves found you to be a habitual offender and sentenced you to 3 years L5 plus an additional 10 years suspended for completion of the Greentree program. In your motion, you argue that defense counsel was constitutionally ineffective. You assert that the Delaware Supreme Court instructed you to file for postconviction relief motion. You were not so instructed. In addressing your allegations on a previous VOP, the Court noted that a postconviction motion is the vehicle for ineffectiveness claims. However, your motion does not meet the threshold requirement for postconviction relief. Rule 61 governs applications by persons in custody or subject to future custody under a sentence of this court. As explained above, you are not in custody on the conviction for rape fourth, which is the case on which you premise your Page 1 ineffectiveness claim. Because your rape fourth sentence is complete, postconviction relief is not available. Further, your motion was not timely filed. Super.Ct.Crim.R. 61(i)(1). You are now in custody on a different conviction. Thus, it appears plainly from your motion and the record that you are not entitled to relief. Your motion for relief as to case #0212006828, Rape Fourth Degree is SUMMARILY DISMISSED and your motion for appointment of counsel is DENIED. IT IS SO ORDERED. Very truly yours, /s/ Richard F. Stokes Richard F. Stokes Original to Prothonotary xc: David Hume,IV, Esquire, DOJ Carole J. Dunn, Esquire, Office of the PD Page 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
