IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

IN AND FOR NEW CASTLE COUNTY

STATE OF DELAWARE, )

)

v. ) Cr. ID No. 1309006247

)

MARK HUMBERTSON, )

Defendant. )

Submitted: July 20, 2015

Decided: July 27, 2015

ORDER DENYING MARK HUMBERTSON’S MOTION

FOR APPOINTMENT OF COUNSEL

On September 10, 2013, Defendant Mark Humbertson was arrested for 

escaping from the custody of the Department of Corrections after having been 

convicted by the Superior Court of Kent County and for other criminal conduct.

On October 28, 2013, Defendant was indicted on fifteen (15) charges. 

On April 21, 2014, with the assistance of counsel (“Plea Counsel”), 

Defendant pled guilty to six of the fifteen (15) charges, five of which are violent 

felonies.

1

 The Court ordered a presentence investigation. On July 18, 2014, the 

Court sentenced Defendant on the six charges to a total of thirty-seven (37) years 

at Level V, suspended after fourteen (14) years.

 1 Defendant pled guilty to one count of Escape After Conviction; two counts of Burglary Second 

Degree; one count of Reckless Endangerment in the First Degree; one count of Possession of a 

Firearm During the Commission of a Felony; and one count of Possession of a Deadly Weapon 

During the Commission of a Felony.
2

On May 4, 2015, Defendant filed a Motion for Postconviction Relief (“PCR 

Motion”) and an accompanying Motion for Appointment of Counsel (“Motion for 

Counsel”).

2

 Upon consideration of Defendant’s PCR Motion and Motion for 

Counsel; Rule 61 of the Superior Court Rules of Criminal Procedure; statutory and 

decisional law; and the entire record in this case, the Court finds as follows:

1. The recently amended Superior Court Criminal Rule 61 controls 

Defendant’s Motion for Counsel.

3

 Because this is Defendant’s first motion

seeking relief from a conviction that is the result of a guilty plea, the Court 

may appoint counsel if, among other things, Defendant’s “motion sets forth 

a substantial claim of ineffective assistance of counsel in relation to the plea 

of guilty . . . and specific exceptional circumstances warrant the appointment 

of counsel.”4

2. Defendant does not set forth a substantial claim of ineffective assistance of 

counsel in relation to Defendant’s guilty plea. Defendant argues that Plea 

Counsel assumed, without investigation, that Defendant was competent to 

enter the guilty plea despite knowing, and failing to inform the Court, of 

Defendant’s “mental condition.”5

 Defendant’s claims are inconsistent with 

 2 Defendant filed his Motion for Appointment of Counsel on January 15, 2015. However, the 

Court advised that Defendant must first file a motion for postconviction relief before the Court 

would consider Defendant’s Motion for Appointment of Counsel. D.I. #17.

3 Defendant filed the instant motions after the June 4, 2014 amendments took effect. 4 Super. Ct. Crim. R. 61(e)(2).

5 Def.’s Mot. 3 (May 4, 2015).
3

the record. In an affidavit, Plea Counsel states that he and Defendant had 

“numerous discussions about [Defendant’s] mental health history . . . . [And] 

[n]othing during our conversations or [Defendant’s] case history led [Plea 

Counsel] to suspect that [Defendant] was not competent to assist with his 

own defense, stand trial or enter a guilty plea.”6

 Indeed, in December 2013, 

Plea Counsel requested Defendant be evaluated by a psycho-forensic 

evaluator. Defendant was evaluated on February 28, 2014 and Plea Counsel 

shared the evaluation results with State as part of plea discussions.7

3. Moreover, Defendant has not presented any exceptional circumstances that 

warrant the appointment of counsel. 

NOW, THEREFORE, on this 27th day of July 2015, Defendant Mark 

Humbertson’s Motion for Appointment of Counsel is hereby DENIED. 

Postconviction proceedings shall continue in accordance with the briefing 

schedule established by the Court’s Order dated May 21, 2015.

IT IS SO ORDERED.

Andrea L. Rocanelli ____________________________________

The Honorable Andrea L. Rocanelli

 6 Aff. of Plea Counsel ¶ 1 (July 10, 2015).

7 Aff. of Chief Deputy of Public Defender’s Office ¶¶ 3–6 (June 17, 2015).