State of Delaware v. Haley.
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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY STATE OF DELAWARE, v. WILLIAM T. HALEY, Defendant. ) ) ) ) ) ) ) ID # 1008024002 ORDER Submitted: July 3, 2012 Decided: September 20 , 2012 Upon Defendant s Motion for Postconviction Relief WITHDRAWN AND DISMISSED 1. On February 8, 2012, Defendant s sentence modification appeal was denied. Defendant then filed his first Motion for Postconviction relief on April 9, 2012. 2. The motion was properly referred and after preliminary review, based upon Defendant s ineffective assistance of counsel claims, the court called for a Horne v. State1 affidavit. 3. 1 After the court received trial counsel s affidavit, on May 23, 2012 Horne v. State, 887 A.2d 973, 975 (Del. 2005). it forwarded the affidavit to Defendant. The transmittal letter/order required Defendant s final reply on July 2, 2012. The transmittal letter also outlined in some detail the motion s apparent infirmities. And, the transmittal letter cautioned Defendant that if he could not overcome the serious procedural hurdles, he was not entitled to postconviction relief. 4. Instead of filing the contemplated reply, Defendant filed a third motion for modification of sentence on July 2, 2012. The sentencing judge denied that motion on July 20, 2012. 5. From the above, it is apparent that Defendant abandoned his motion for postconviction relief on July 2, 2012. In any event, the motion was clearly subject to dismissal based on its procedural defaults. For the foregoing reasons, Defendant s motion for postconviction relief is WITHDRAWN and DISMISSED. The Prothonotary shall notify Defendant. IT IS SO ORDERED. /s/ Fred S. Silverman Judge PC: Prothonotary (Criminal Division) Mark J. Cutrona, Deputy Attorney General Ralph D. Wilkinson, IV, Esquire William T. Haley, Defendant 2
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