Livingston v. State

• Court: Supreme Court of Delaware
• Decided: April 3, 2023
• Docket: 454, 2022
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

BRIAN LIVINGSTON, § § No. 454, 2022 Plaintiff Below, § Appellant, § Court Below: Superior Court § of the State of Delaware v. § § Cr. ID No. 1601011422 (N) STATE OF DELAWARE, § § Appellee. § §

Submitted: February 27, 2023 Decided: April 3, 2023

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

ORDER

After 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 the Superior Court’s order, dated November 21, 2022,

denying the appellant’s motion for sentence reduction under Superior Court

Criminal Rule 35(b), motion for postconviction relief under Rule 61, and motion for

appointment of postconviction counsel. The Superior Court did not err in

concluding that the third motion for sentence reduction was time-barred and

repetitive. Nor did the Superior Court err in holding that the motion for

postconviction relief was time-barred where the appellant failed to plead any of the

exceptions to the Rule 61 procedural bars. 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