Wilkinson v. State
This text of Wilkinson v. State (Wilkinson 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
DAMIEN WILKINSON, § § Defendant Below, § No. 74, 2022 Appellant, § § Court Below—Superior Court v. § of the State of Delaware § STATE OF DELAWARE, § Cr. ID No. 0806022824 (N) § Appellee. §
Submitted: May 12, 2022 Decided: July 18, 2022
Before SEITZ, Chief Justice; VALIHURA and VAUGHN, 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 the Superior Court’s order denying the appellant’s
fourth motion for postconviction relief. The appellant has not pleaded with
particularity new evidence of actual innocence or that a new, retroactive rule of
constitutional law renders his convictions invalid.1 Nor has he asserted any claim
that the Superior Court lacked jurisdiction. 2
1 Del. Super. Ct. Crim. R. 61(d)(2). 2 Del. Super. Ct. Crim. R. 61(i)(5). NOW, THEREFORE, IT IS ORDERED that motion to affirm is GRANTED
and the judgment of the Superior Court is AFFIRMED.
BY THE COURT:
/s/ Karen L. Valihura Justice
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