Land v. State
This text of Land v. State (Land 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
MAURICE LAND, § § Defendant Below, § No. 143, 2021 Appellant, § § Court Below—Superior Court v. § of the State of Delaware § STATE OF DELAWARE, § Cr. ID No. 1408007675A (S) § Plaintiff Below, § Appellee. §
Submitted: August 30, 2021 Decided: November 5, 2021
Before VALIHURA, VAUGHN, and TRAYNOR, Justices.
ORDER
After careful consideration of the appellant’s opening brief, the appellee’s
motion to affirm, and the record on appeal, we conclude that the judgment below
should be affirmed on the basis of and for the reasons assigned in the Superior
Court’s April 15, 2021 order denying the appellant’s second motion for
postconviction relief. The appellant’s re-packaging and re-litigation of surveillance
video claims that were raised before and during trial did not constitute new evidence
creating a strong inference of his actual innocence.1
1 Super. Ct. Crim. R. 61(d)(2)(i) (providing that a second or subsequent motion for postconviction relief will be summarily dismissed unless the movant was convicted after trial and pleads with particularity new evidence creating a strong inference of actual innocence). 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
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
Land v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/land-v-state-del-2021.