Foreman v. State of Delaware

• Court: Supreme Court of Delaware
• Decided: June 12, 2020
• Docket: 133, 2020
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

DAVID FOREMAN, § § Defendant Below, § No. 133, 2020 Appellant, § § Court Below—Superior Court v. § of the State of Delaware § STATE OF DELAWARE, § Cr. ID No. 1007011701 (S) § Plaintiff Below, § Appellee. §

Submitted: May 6, 2020 Decided: June 12, 2020

Before VALIHURA, VAUGHN, 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 judgment below should be

affirmed on the basis of the Superior Court’s order, dated March 4, 2020 and

docketed March 6, 2020, denying the appellant’s fourth motion for postconviction

relief as procedurally barred. As the Superior Court observed, 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 Del. Super. Ct. Crim. R. 61(i). 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/ James T. Vaughn, Jr. Justice