State of Delaware v. Cabrera. ( 2015 )

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
STATE OF DELAWARE, )
)
v. ) Cr. ID No. 9904019326
)
LUIS G. CABRERA, JR., )
Defendant. )
Upon Defendant’s Motion to Stay Proceedings – DENIED
Submitted: May 27, 2015
Decided: May 28, 2015
In February 2001, a Superior Court jury convicted Defendant Luis Cabrera
of two counts of murder in the first degree and related charges. In March 2002, the
trial judge sentenced Defendant to death. The Delaware Supreme Court affirmed
Defendant’s conviction and sentence in 2003. On November 30, 2004, Defendant
filed a Motion for Postconviction Relief. Over a decade later, Defendant’s
postconviction matter remains pending before this Court. Now, the Court has
received Defendant’s April 17, 2015 Motion to Stay Proceedings and the State’s
April 23, 2015 Answer opposing a stay. The Court heard oral argument on May
27, 2015.
In consideration of the parties’ submissions and argument, the Court finds as
follows:
1. In March 2015, the United States Supreme Court granted certiorari in
Hurst v. Florida 1 limited to the following question: whether Florida’s
death sentencing scheme violates the Sixth Amendment or the Eighth
Amendment in light of the Supreme Court’s decision in Ring v. Arizona.2
Cabrera asserts that because his motion for postconviction relief argues
that Delaware’s 1991 death penalty statute, codified at 11 Del. C. § 4209,
is unconstitutional under Ring, the forthcoming United States Supreme
Court decision in Hurst will impact his case before this Court and
therefore a stay is appropriate.
2. More than nineteen (19) years have passed since the murders of Vaughn
Rowe and Brandon Saunders, for which Cabrera was convicted over
sixteen (16) years ago. More than fourteen (14) years have passed since
Cabrera’s convictions were affirmed by the Delaware Supreme Court.
Cabrera began his pursuit for postconviction relief over a decade ago and
briefing in Cabrera’s postconviction proceedings in this Court is now
complete.
3. Concerns regarding judicial economy militate in favor of proceeding to a
decision on Cabrera’s Motion for Postconviction Relief.
1
Hurst v. Florida, 135 S. Ct. 1531 (Mar. 9, 2015).
2
Ring v. Arizona, 536 U.S. 584 (2002).
2
4. If the forthcoming United States Supreme Court Hurst decision
promulgates any new principle of constitutional law that has retroactive
application to Cabrera, then it can be addressed at the appropriate time.
NOW, THEREFORE, on this 28th day of May, 2015, the Motion to Stay
Proceedings filed by Defendant Luis G. Cabrera, Jr. is hereby DENIED.
IT IS SO ORDERED.
Andrea L. Rocanelli
_____________________________
Honorable Andrea L. Rocanelli
3