Howard v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE MARK B. HOWARD, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 153, 2012 Court Below Superior Court of the State of Delaware in and for New Castle County Cr. ID No. 0611014197 Submitted: June 11, 2013 Decided: July 19, 2013 Before STEELE, Chief Justice, HOLLAND and RIDGELY, Justices. ORDER This 19th day of July 2013, the Court has considered the parties briefs and the record on appeal from the Superior Court s denial of the appellant s first motion for postconviction relief. In view of this Court s recent decision in Holmes v. State1 and the Superior Court s adoption of a new rule regarding the appointment of counsel to defendants in first postconviction proceedings,2 we have determined that this matter should be remanded to the Superior Court for the appointment of counsel, amended briefing, and reconsideration of the appellant s first motion for postconviction relief. 1 Holmes v. State, 2013 WL 2297072 (Del. May 23, 2013). 2 Del. Super. Ct. Crim. R. 61(e) (effective May 6, 2013). NOW, THEREFORE, IT IS HEREBY ORDERED that this matter is REMANDED to the Superior Court for further proceedings consistent with this Order. Jurisdiction is not retained. BY THE COURT: /s/ Myron T. Steele Chief Justice 2
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