White v. State
This text of White v. State (White 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
BYRON WHITE, § § Defendant Below, § No. 306, 2021 Appellant, § § Court Below—Superior Court v. § of the State of Delaware § STATE OF DELAWARE, § Cr. ID No. 1802004471 (K) § Plaintiff Below, § Appellee. §
Submitted: April 4, 2022 Decided: June 2, 2022
Before SEITZ, Chief Justice; VALIHURA and MONTGOMERY-REEVES, 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 27, 2021, denying
the appellant’s first motion for postconviction relief as untimely. The appellant’s
conviction became final on October 24, 2018; he filed a motion for postconviction
relief in the Superior Court nearly three years later, on August 9, 2021. The appellant
has not pleaded any circumstances under Superior Court Criminal Rule 61(d)(2)(i) or (d)(2)(ii) that overcome the procedural bar set forth in Rule 61(i)(1), nor does he
claim that the Superior Court lacked jurisdiction.1
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
1 DEL. SUPER. CT. CRIM. R. 61(i)(5).
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