Keith Delano v. The Warden (2012)

MEMORANDUM OF DECISION

THE COURT:  All right, The Court is prepared to rule.   The standards under which the petitioner has the burden of proof are well established under Strickland.   I'm not going to repeat them here.

The petitioner has made a number of claims in his petition, all of which, except for the amendment, he has failed to produce any evidence on.

With respect to the amended claim, which is the claim regarding the 50 versus 85 percent parole credit, that claim is—that is the claim that the petitioner states is the one that he is the most concerned with and the only one he's pursuing.   Counsel has amended his complaint to include that claim.   The Court finds that the petitioner has failed to establish both prongs of the Strickland standard as to that claim.

The defendant pled guilty, was canvassed, as evidence by the respondent's Exhibit 1. He did that knowingly, voluntarily, he—excuse me.   He waived his right to a jury trial knowingly and voluntarily.   The right to parole and parole credit is not a right that anybody is entitled to.   Even if it was, I believe that his attorney properly explained those issues to him and that he understood when he pled guilty what his sentence would be.

So, for those reasons, The Court denies the petition.   You have the right to appeal my decision, sir, and the clerk will give you the forms to appeal.   Okay?

ATTY. DRESSLER:  Thank you, Your Honor.

THE COURT:  All right, adjourned.

Susan Quinn Cobb, Superior Court Judge

Cobb, Susan Quinn, J.