Opinion
Def. ID# 9910002383
March 10, 2003
Motion for Postconviction Relief (R2)
Dear Mr. Norwood:
This is my decision on your second motion for postconviction relief, which was filed on January 24, 2003. In ground one, you allege that one of the State's witnesses, Kristie Carr, committed perjury. In ground two, you allege that the State had no physical evidence upon which to convict you. Under Superior Court Criminal Rule 61(i)(2) any ground for relief that was not asserted in a prior postconviction proceeding is thereafter barred, unless consideration of the claim is warranted in the interest of justice. The two grounds for relief raised in your second motion for postconviction relief could have been raised in your first motion for postconviction relief. Moreover, I do not find that consideration of these grounds is warranted in the interest of justice. Therefore, your second motion for postconviction relief is denied.
IT IS SO ORDERED.