State v. Johnson
1305001585
| Del. Super. Ct. | Mar 10, 2017Background
- Marcus J. Johnson pleaded guilty (July 17, 2013) to two counts of Tier 5 drug possession; the court declared him a habitual offender as to one count and imposed Level V terms (effective May 2, 2013).
- Sentences: first possession — seven years at Level V; second possession — ten years at Level V suspended after two years for partial incarceration and probation.
- Johnson filed multiple prior motions to modify his sentence; all were previously denied. His present Rule 35 motion (supplemented Jan. 19, 2017) seeks suspension of the remaining Level V time based on alleged denial of adequate medical care for sinus/ear conditions and newly diagnosed severe sleep apnea.
- Johnson alleges DOC acknowledged missed follow-up care after February 2016 ear/sinus diagnoses but submitted no documentation of the sleep apnea diagnosis; he asks for counsel and a hearing and relies on State v. DeRoche as precedent.
- The court evaluated procedural compliance with Superior Court Rule 35(b) (timeliness/non-repetition) and Special Rule 2017-1 regarding counsel for sentence-modification proceedings, and considered whether Johnson’s claims constituted "extraordinary circumstances" excusing an untimely Rule 35 motion.
- Court denied Johnson’s untimely and repetitive Rule 35 motion, directed Johnson to the statutory mechanism 11 Del. C. § 4217 for medical-based sentence relief, and denied his motion to compel a particular attorney (Office of Defense Services to represent under Special Rule 2017-1).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of Rule 35 motion | Johnson: untreated medical conditions (sinus, sleep apnea) are extraordinary circumstances justifying consideration despite being filed after 90 days | State: motion is untimely and repetitive; medical claims do not meet "extraordinary circumstances" standard | Denied — untimely and procedurally barred; DOC medical claims insufficient to excuse delay |
| Sufficiency of medical documentation | Johnson: DOC admitted missed follow-up for sinus/ear infections; seeks relief based on resulting need for ongoing treatment | State: Johnson provided no documentation for sleep apnea and submitted only limited records about sinus/ear care | Denied — lack of documentation for sleep apnea and insufficient record of systemic DOC failure like in DeRoche |
| Applicability of DeRoche precedent | Johnson: DeRoche supports sentence reduction where incarceration medical care was inadequate | State: DeRoche is distinguishable (severe, well-documented failures and different procedural posture) | Denied — DeRoche distinguished; Johnson’s record lacks similar severity/documentation and is repetitive |
| Right to appointed counsel / motion to compel specific counsel | Johnson: requests counsel (Patrick Collins) compelled to represent him for §4214(f) proceedings | State/Court: Special Rule 2017‑1 requires attorney of record or, if unavailable, Office of Defense Services to represent; Collins is not required | Denied — Office of Defense Services will be assigned per Special Rule 2017‑1; no compulsion of Collins |
Key Cases Cited
- Johnson v. State, 234 A.2d 447 (Del. 1967) (Rule 35’s purpose is to allow a sentencing judge a second chance to reconsider sentence)
- State v. Lewis, 797 A.2d 1198 (Del. 2002) (description of "extraordinary circumstances" excusing untimely Rule 35(b) filings)
- State v. Diaz, 113 A.3d 1081 (Del. 2015) (adoption of Lewis’s extraordinary-circumstances standard)
- Valentine v. State, 106 A.3d 1050 (Del. 2014) (summary medical-allegation without documentation does not constitute extraordinary circumstances)
- Richmond v. State, 149 A.3d 1020 (Del. 2016) (inadequate-treatment allegations and documentation can be insufficient where statutory remedies were not pursued and the record lacks DeRoche‑level failures)