IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

STATE OF DELAWARE )

) ID No. 1107004907

v. ) In and For Kent County

)

THOMAS W. SAMMONS, )

)

Defendant. )

O R D E R

On this 21

st day of November, 2016, upon consideration of the Defendant’s

Motion For Postconviction Relief and Motion for Reconsideration, the

Commissioner’s Report and Recommendation and the record in this case, it appears

that:

1. The Defendant, Thomas W. Sammons (“Sammons”), was found guilty on

April 25, 2012, to one count of Burglary in the Second Degree, 11 Del. C. § 825; one

count of Robbery in the Second Degree, 11 Del. C. § 831; and one count of Criminal

Mischief, 11 Del. C. § 811. Several other counts were either dismissed or the State

entered a nolle prosequis. The State filed a motion to declare Sammons an habitual

offender. Following a hearing, the Court declared Sammons an habitual offender. On

August 31, 2012, Sammons was sentenced to life in prison pursuant to 11 Del. C. §

4214(b).

2. The Defendant, through counsel, appealed his conviction to the Delaware

Supreme Court. The two issues on appeal were: “the trial judge erred in declaring

Sammons an habitual offender pursuant to 11 Del. C. § 4214(b) based on a prior

conviction in the State of Florida for burglary; and second, that the trial judge erred
State v. Sammons

November 21, 2016 

Case I.D. 1107004907

in declaring Sammons an habitual offender, when the issue of rehabilitation in light

of Sammons’ organic dysfunctions, was not addressed.”

1 The Supreme Court, on

March 14, 2013, affirmed Sammons’ conviction and sentence.

2

3. Defendant filed, pro se, a Motion For Postconviction Relief pursuant to

Superior Court Criminal Rule 61and requested the Court to appoint counsel. The

Court granted appointment of counsel and a briefing schedule was issued. On

November 3, 2014 counsel filed an Amended Motion for Postconviction Relief.

Counsel requested the Court schedule an Evidentiary Hearing. In the motion counsel

raised the following grounds for relief: (1) trial counsel failed to properly advise

Sammons in relation to his rejection of the plea offer; (2) trial counsel failed to limit

prior bad acts and for failing to request a limiting instruction; (3) trial counsel failed

to move to suppress the identifications of Sammons by Ms. Knepp; (4) failed to call

alibi witnesses; (5) Sammons’ constitutional right to a fair trial was denied due to the

misconduct of a Deputy Attorney General; and (6) Sammons’ constitutional right to

have a fair trial was denied due to cumulative due process error.

4. The Commissioner denied the request for an Evidentiary Hearing on the

nature of the claims. Next, counsel then moved for reconsideration of the denial. The

Court ordered trial counsel to supplement the response to the amended motion and

allowed the defense and the State to respond.

5. The Court referred this motion and the Motion for Reconsideration to

1

 Sammons v. State, 68 A.3d 192 (Del. 2013).

2

Id. at 194.

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State v. Sammons

November 21, 2016 

Case I.D. 1107004907

Superior Court Commissioner Andrea M. Freud pursuant to 10 Del. C. §512(b) and

Superior Court Criminal Rule 62 for proposed findings of facts and conclusions of

law.

6. The Commissioner has filed a Report and Recommendation concluding that

the Motion For Postconviction Relief should be denied, because it is procedurally

barred by Superior Court Rule 61 (i)(3) for failure to prove cause and prejudice. The

Commissioner concluded that an Evidentiary Hearing is not necessary and found that

trial counsel’s supplemental Affidavit provides sufficient information to avoid an

Evidentiary Hearing.

7. Counsel filed an Appeal from Commissioner’s Report and Recommendation.

The appeal does not advance Sammons’ motions in any substantive way.

8. The State filed a response to Defendant’s Appeal from the Commissioner’s

Report and Recommendation.

NOW, THEREFORE, after de novo review of the record in this action, and

for reasons stated in the Commissioner’s Report and Recommendation dated October

13, 2016,

IT IS ORDERED that the Commissioner’s Report and Recommendation is

adopted by the Court, and the Defendant’s Motion for Postconviction is denied as

procedurally barred. Defendant’s Motion for Reconsideration is denied.

/s/ Robert B. Young

J.

RBY/lmc

oc: Prothonotary

3
State v. Sammons

November 21, 2016 

Case I.D. 1107004907

cc: The Honorable Andrea M. Freud

Lindsay A. Taylor, Esq.

Suzanne Macpherson-Johnson, Esq.

Christopher S. Koyste, Esq.

4