Opinion
No. 497, 2011
01-23-2012
MARKEVIS JOHNSON, Defendant, Appellant, v. STATE OF DELAWARE, Plaintiff, Appellee.
Court—Superior Court of the State of Delaware in and for New Castle County
Cr. ID No. 0509025689
Before HOLLAND, BERGER and JACOBS, Justices.
ORDER
This 23rd day of January 2012, having carefully considered the appellant's opening brief and the appellee's motion to affirm, we conclude that the Superior Court's August 12, 2011 order adopting the Commissioner's July 18, 2011 report and recommendation should be affirmed. The Superior Court did not err when determining that the appellant's third motion for postconviction relief was procedurally barred as time-barred, repetitive and formerly adjudicated, without exception. On appeal, the Court has likewise determined that the appellant's untimely and repetitive postconviction motion raising formerly adjudicated claims does not warrant further consideration "in the interest of justice" or because of "a miscarriage of justice."
See Del. Super. Ct. Crim. R. 61(i)(1) (barring a postconviction motion filed more than one year after the judgment of conviction is final).
See Del Super. Ct. Crim. R. 61(i)(2) (barring any ground for relief not asserted in a prior postconviction proceeding).
See Del. Super. Ct. Crim. R. 61(i)(4) (barring formerly adjudicated claims).
See Del. Super. Ct. Crim. R. 61(i)(2), (4) (barring claims unless consideration is warranted in the interest of justice); Del. Super. Ct. Crim. R. 61(i)(5) (providing that the procedural bars of (i)(1) and (i)(2) shall not apply to a colorable claim of a miscarriage of justice because of a constitutional violation).
Del. Super. Ct. Crim. R. 61(i)(2), (4).
Del. Super. Ct. Crim. R. 61(i)(5).
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NOW, THEREFORE, IT IS ORDERED that the appellee's motion to affirm is GRANTED. The judgment of the Superior Court is AFFIRMED.
BY THE COURT:
Carolyn Berger
Justice