Fowler v. State

Full title: VALLIN J. FOWLER, Petitioner, v. STATE OF DELAWARE, Respondent

Court: Superior Court of Delaware, New Castle County

Date published: Dec 20, 2002

Criminal I.D. No. 9911014385 (Del. Super. Ct. Dec. 20, 2002)

Opinion

Criminal I.D. No. 9911014385

Submitted: November 22, 2002

Decided: December 20, 2002

Upon consideration of defendant's second motion for postconviction relief — DENIED

ORDER

Judge Susan C. Del Pesco

This 20th day of December, 2002, it appears that:

(1) A letter has been received from the petitioner wherein he seeks leave to "withdraw his plea on account of not being advise properly of the immigration consequences upon taking such plea. . . ."

(2) The letter will be treated as a second motion for postconviction relief, the only permissible way to seek withdrawal of a guilty plea after sentencing.¹

1 Superior Court Criminal Rule 32(d).

(3) The petitioner's previous motion for postconviction relief made the same argument. The motion was denied by order issued October 1, 2001 on the grounds that "the risk of deportation is a collateral consequence and counsel is not required to advise a defendant of such a risk." The ruling was affirmed on appeal.²

2 State v. Fowler, 2001 WL 1198675 (Del.Supr.) aff'd without op. at 797 A.2d 1296 (Del. 2002).

(4) The former adjudication of an issue is a bar to postconviction relief.³

3 Superior Court Criminal Rule 61(I)(4).

The petitioner's second motion for postconviction relief is DENIED.

IT IS SO ORDERED.