Carter v. State
This text of Carter v. State (Carter v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE SUPREME COURT OF THE STATE OF DELAWARE
JERMAINE L. CARTER, § § No. 388, 2022 Defendant Below, § Appellant, § § Court Below–Superior Court v. § of the State of Delaware § STATE OF DELAWARE, § § Cr. ID No. 1605016488 (N) Appellee. §
Submitted: November 10, 2022 Decided: January 12, 2023
Before SEITZ, Chief Justice; VAUGHN and TRAYNOR, Justices.
ORDER
After consideration of the appellant’s opening brief, the State’s motion to
affirm, and the record on appeal, we affirm the Superior Court’s summary dismissal
of the appellant’s third, untimely motion for postconviction relief. The appellant has
not pleaded with particularity new evidence of actual innocence 1 or that a new,
retroactively applicable rule of constitutional law renders his conviction invalid.2
Nor has the appellant claimed that the Superior Court lacked jurisdiction to enter a
judgment of conviction and sentence him.3
1 Del. Super. Ct. Crim. R. 61(d)(2)(i). 2 Del. Super. Ct. Crim. R. 61(d)(2)(ii). 3 Del. Super. Ct. Crim. R. 61(i)(5). NOW, THEREFORE, IT IS ORDERED that the State’s motion to affirm be
GRANTED and the judgment of the Superior Court be AFFIRMED.
BY THE COURT:
/s/ Gary F. Traynor Justice
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