DEFENDANT ID No. 92S00269DI (R-5), 92-01-0382

Full title: Defendant ID No. 92S00269DI (R-5)

Court: Superior Court of Delaware, Sussex County

Date published: Jun 26, 2009

Criminal Action No. 92-01-0382, 0383 (Del. Super. Ct. Jun. 26, 2009)

Opinion

Criminal Action No. 92-01-0382, 0383.

June 26, 2009.

N440 — State Mail, Mark Spruance, James T. Vaughn Correctional Center, Smyrna, DE.

T. HENLEY GRAVES RESIDENT, Judge.

Dear Mr. Spruance:

Your fifth Motion for Postconviction Relief was received on June 22, 2009. In same you attacked a conviction going back to December, 1992. In the present Motion, you make three allegations of insufficient evidence as to your robbery conviction.

I incorporate this Court's decision of March 11, 2005 as to the history of this case and the Court's denial of your complaint that the jury did not find that you intentionally attempted to commit robbery in the first degree.

So it is déjà vu all over again in that the present Motion is summarily dismissed as it is procedurally barred under Rule 61(i) as being long past the three years permitted for Motions for Postconviction Relief, a repetitive application, and these matters have been previously adjudicated.

There is nothing in Superior Court Rule 61(i)(5) which would trigger a substantive review of your claims.

Defendant's fifth Motion for Postconviction Relief is denied.

IT IS SO ORDERED.