Turner v. State

• Court: Supreme Court of Delaware
• Decided: June 18, 2020
• Docket: 428, 2019
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

ORIN TURNER, § § Defendant Below, § No. 428, 2019 Appellant, § § Court Below—Superior Court v. § of the State of Delaware § STATE OF DELAWARE, § Cr. ID No. 0609012387A(K) § Plaintiff Below, § Appellee. §

Submitted: May 19, 2020 Decided: June 18, 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 August 9, 2019, denying

the appellant’s second motion for postconviction relief as procedurally barred, and

the Superior Court’s order, dated October 2, 2019, denying the appellant’s motion

for reconsideration of the August 9, 2019 order. 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

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

1 DEL. SUPER. CT. CRIM. R. 61(i). 2 Id. R. 61(i)(5).