State v. Evans, 0609011528A

CourtSuperior Court of Delaware
Writing for the CourtCRAIG A. KARSNITZ RESIDENT JUDGE
PartiesState of Delaware v. Augustus H. Evans, Jr., Def. ID# 0609011528A
Docket Number0609011528A
Decision Date18 November 2022

State of Delaware
v.

Augustus H. Evans, Jr., Def. ID# 0609011528A

No. 0609011528A

Superior Court of Delaware

November 18, 2022


Dear Mr. Evans:

On October 26, 2021, I denied (1) your August 13, 2021 "Amended Memorandum Supporting Motion to Rehear" Judge Robinson's April 19, 2021 denial of your tenth Rule 61 Motion for Postconviction Relief, (2) your request for the appointment of postconviction counsel, and (3) your request for an evidentiary hearing.

On November 14, 2022, we received three additional filings from you:

(1) Rule 22 Motion to Stay Proceedings Until Rule 35(a) Correction of Illegal Sentence Motion Before Delaware Superior Court is Resolved, to be filed in the Supreme Court of the United States
(2) Rule 35(a) Motion for Correction of Illegal Sentence, to be filed in the Superior Court for New Castle County; and
(3) Rule 35(a) Motion for Correction of Illegal Sentence, to be filed in this Court.
1

All three Motions were received by Judge Wallace in the Superior Court for New Castle County, who recused himself[1]and directed that the Motions be returned to the Prothonotary for reassignment. The Motions have been reassigned to me.

Your first Motion is captioned as "Rule 22 Motion to Stay Proceedings Until Rule 35(a): Correction of Illegal Sentence Motion Before Delaware Superior Court is Resolved," to be filed with the United States Supreme Court. Delaware Superior Court Criminal Rule 22 addresses the time of a motion to transfer a case to another county for plea and sentence[2] or for trial,[3] and therefore does not appear to be apposite in this case. Nor does United States Supreme Court Rule 22 (Application to Individual Justices) appear to be apposite. In any event, your Motion appears to ask the United States Supreme Court to stay the proceedings in your case until the Delaware Superior Court rules on your Rule 35(a) Motions. Perhaps you meant to file with the Delaware Supreme Court.[4] In any event, this Court cannot accept filings for either the United States Supreme Court or the Delaware Supreme Court, which you must file directly with those Courts.

Your second Motion is specifically addressed to Judge Wallace, claiming that he has unique expertise on, and is best versed on, the issues raised by your case. As stated above, Judge Wallace has recused himself, and I have been assigned to this case. The substance of this second Motion is identical to the substance of your third Motion, so I will rule on them simultaneously.

Your third Motion is made under Rule 35(a) for correction of an illegal sentence. Rule 35(a) permits me to correct an illegal sentence "at any time."[5] The "narrow function of Rule 35 is to permit...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT