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Livingston v. State

Supreme Court of Delaware
Apr 3, 2023
No. 454 (Del. Apr. 3, 2023)

Opinion

454 2022

04-03-2023

BRIAN LIVINGSTON, Plaintiff Below, Appellant, v. STATE OF DELAWARE, Appellee.


Submitted: February 27, 2023

Court Below: Superior Court of the State of Delaware Cr. ID No. 1601011422 (N)

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

ORDER

Collins J. Seitz, Jr. Chief Justice

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:


Summaries of

Livingston v. State

Supreme Court of Delaware
Apr 3, 2023
No. 454 (Del. Apr. 3, 2023)
Case details for

Livingston v. State

Case Details

Full title:BRIAN LIVINGSTON, Plaintiff Below, Appellant, v. STATE OF DELAWARE…

Court:Supreme Court of Delaware

Date published: Apr 3, 2023

Citations

No. 454 (Del. Apr. 3, 2023)