SUPERIOR COURT

OF THE

STATE OF DELAWARE

CRAIG A. KARSNITZ, SUSSEX COUNTY COURTHOUSE

RESIDENT JUDGE 1 THE CIRCLE, SUITE 2

GEORGETOWN, DE 19947

TELEPHONE (302) 856-5263

July 25, 2024

Marlon Thomas

SBI #00257001

James T. Vaughn Correctional Center

1181 Paddock Road

Smyrna, DE 19977 

Re: State of Delaware v. Marlon Thomas, Def. ID No. 2008012702

Motion for Reconsideration and Supplemental Filing

Second Motion for Substitute Postconviction Counsel

Dear Mr. Thomas:

On October 12, 2021, after a bench trial before me, you were convicted of 

Second Degree Rape, a Class B felony, and Third Degree Unlawful Sexual Contact, 

a Class A misdemeanor. On December 10, 2021, I sentenced you to 55 years at Level 

V, suspended after 25 years for decreasing levels of supervision. You appealed 

directly to the Delaware Supreme Court, which affirmed your conviction on March 

8, 2023.

On June 5, 2023, you filed a pro se Petition for Postconviction Relief with 

me under Delaware Superior Court Criminal Rule 61 (the “Petition”). In the Petition, 
2

you made certain allegations about ineffective assistance of counsel with respect to 

your representation by Zachary George, Esquire (“Trial Counsel”) and Santino 

Ceccotti, Esquire (“Appellate Counsel”). In the Petition, you requested that I hold 

an evidentiary hearing1and that I appoint postconviction counsel (“Postconviction 

Counsel”) to represent you.

On June 14, 2023, I ordered the appointment of Postconviction Counsel. On 

December 7, 2023, Patrick J. Collins, Esquire was appointed as Postconviction 

Counsel. On January 23, 2024, Postconviction Counsel requested that the record be 

expanded to include affidavits from both Trial Counsel and Appellate Counsel2and 

that both the Trial Counsel Affidavit and the Appellate Counsel Affidavit be filed 

before the State’s Answer and your Reply. The Trial Counsel Affidavit was filed on 

April 22, 2024, and the Appellate Counsel Affidavit was filed on April 19, 2024. 

On February 29, 2024, I received a letter from Postconviction Counsel stating 

that, having found none of your claims meritorious, he had filed a Motion to 

Withdraw as Postconviction Counsel on that same date.3 Your Response to the 

Motion to Withdraw was due by March 29, 2024 (30 days).4 You filed your 

1 Super. Ct. Crim. R. 61(h).

2 Super. Ct. Crim. R. 61(g)(2).

3 Super. Ct. Crim. R. 61(e)(7).

4

 Id.
3

Response late, on June 17, 2024, in which you objected to Mr. Collins’ withdrawal 

and requested the appointment of another postconviction counsel to represent you.

On February 1, 2024, I entered a further Amended Scheduling Order for the 

filing of an Amended Rule 61 Petition by Postconviction Counsel by March 7, 2024, 

the State’s Response by May 8, 2024, and your Reply, if any, by May 23, 2024.

Since Postconviction Counsel had withdrawn, there was no Amended Petition, and 

I relied on your pro se June 5, 2023 Petition. The State filed its Answer on April 16, 

2024. You never filed a Reply.

In a Memorandum Opinion and Order dated June 28, 2024, I denied your (1) 

Objection to Withdrawal of Postconviction Counsel, (2) request for Appointment of 

New Postconviction Counsel, (3) request for an Evidentiary Hearing, and (4) Rule 

61 Petition.

On July 5, 2024, you filed a Motion for Reconsideration and Supplemental 

Filing and a Second Motion for Substitute Postconviction Counsel. You argue that 

under the Confrontation Clause of the Sixth Amendment to the United States 

Constitution you are entitled to call the chief investigator in your case. You also 

request that I reconsider all the pro se claims you made before the appointment of 

Postconviction Counsel. You further request that I give you additional time to 

supplement your original claims. Finally, you again request the appointment of 

another Postconviction Counsel to assist you with this work.
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These issues have been addressed and decided previously. Nothing has 

changed with respect to the facts and the law since your earlier Motions, and I deny 

your new Motions for the same reasons I have already stated in my June 28, 2024 

Opinion.

Your Motion for Reconsideration and Supplemental Filing and your Second 

Motion for Substitute Postconviction Counsel are therefore summarily dismissed5

and DENIED.

It is so ORDERED.

Very truly yours,

/s/ Craig A. Karsnitz

cc: Prothonotary

Nichole D. Gannett, Esquire, Deputy Attorney General 

Patrick J. Collins, Esquire

5 Under Super. Ct. Crim. R. 61(d)(5).