Holmes v. State

Full title: CORY J. HOLMES, Defendant Below, Appellant, v. STATE OF DELAWARE…

Court: SUPREME COURT OF THE STATE OF DELAWARE

Date published: Jan 30, 2018

No. 378, 2016 (Del. Jan. 30, 2018)

Opinion

No. 378, 2016

01-30-2018

CORY J. HOLMES, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee.

Collins J. Seitz, Jr. Justice

Court Below—Superior Court of the State of Delaware Cr. ID No. 0901020659 (N) Before VAUGHN, SEITZ, and TRAYNOR, Justices. ORDER

This 30^th day of January 2018, after consideration of the parties' briefs and the record on appeal, we conclude that the Superior Court's summary dismissal of the appellant's second motion for postconviction relief should be affirmed. The Superior Court did not err when determining that the appellant's ineffective assistance of postconviction counsel claims were subject to the procedural requirements of Superior Court Criminal Rule 61(d)(2).^*

*

NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.

BY THE OURT:

/s/ Collins J . Seitz, Jr.

Justice

See, e.g., Durham v. State, 2017 WL 5450746, at *2 (Del. Nov. 13, 2017) (holding that appellant had to satisfy requirements of Rule 61(d)(2) to avoid summary dismissal of second postconviction motion, even if he did not have a previous opportunity to raise ineffective assistance of postconviction counsel claims (citing Younger v. State, 580 A.2d 552, 554 (Del. 1990))); Coles v. State, 2017 WL 3259697 (Del. July 31, 2017); Jones v. State, 2017 WL 4535974 (Del. Oct. 10, 2017).