Summary
providing a warning that the Supreme Court will enjoin the defendant/appellant's appeals from the Superior Court's orders if he repetitively files appeals from the Superior Court's orders dismissing his untimely and repetitive Rule 61 claims
Summary of this case from State v. JohnsonOpinion
No. 382, 2019
10-23-2019
Jermaine CARTER, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.
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 Superior Court order, dated August 21, 2019, summarily dismissing the appellant's eighth motion for postconviction relief under Superior Court Criminal Rule 61 should be affirmed. The motion was procedurally barred and did not satisfy the pleading requirements of Superior Court Criminal Rule 61(d)(2). We warn the appellant that if he continues to file appeals from orders dismissing untimely and repetitive claims in the Superior Court, he will be enjoined from filing future appeals without leave of the Court.
NOW, THEREFORE, IT IS ORDERED that the motion to affirm is GRANTED, and the judgment of the Superior Court is AFFIRMED.