Cephas v. State

• Court: Supreme Court of Delaware
• Decided: May 22, 2023
• Docket: 90, 2023
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

VERNON CEPHAS, § § No. 90, 2023 Defendant Below, § Appellant, § Court Below—Superior Court § of the State of Delaware v. § § Cr. ID No. 1503005476 (K) STATE OF DELAWARE, § § Appellee. §

Submitted: April 20, 2023 Decided: May 22, 2023

Before SEITZ, Chief Justice; VALIHURA and TRAYNOR, Justices.

ORDER

After careful consideration of the appellant’s opening brief, the State’s motion

to affirm, and the record on appeal, we conclude that the Superior Court’s February

23, 2023 judgment summarily dismissing the appellant’s fourth motion for

postconviction relief should be affirmed. The appellant has not pleaded any

circumstances under Rule 61(d)(2)(i) or (d)(2)(ii) that overcome the procedural bars

set forth in Rule 61,1 nor does he claim that the Superior Court lacked jurisdiction.2

1 See DEL. SUPER. CT. CRIM. R. 61(d)(2) (providing that a second or subsequent motion for postconviction relief “shall be summarily dismissed, unless the movant was convicted after a trial and the motion” pleads with particularity either “that new evidence exists that creates a strong inference that the movant is actually innocent in fact of the acts underlying the charges of which he was convicted” or “a claim that a new rule of constitutional law, made retroactive to cases on collateral review by the United States Supreme Court or the Delaware Supreme Court, applies to the movant’s case and renders the conviction . . . invalid”); see also id. R. 61(i) (establishing procedural bars to postconviction relief and exceptions thereto). 2 Id. R. 61(i)(5). NOW, THEREFORE, IT IS ORDERED that the motion to affirm is

GRANTED and the judgment of the Superior Court is AFFIRMED.

BY THE COURT:

/s/ Collins J. Seitz, Jr. Chief Justice