Page v. State

Full title: DARREL PAGE, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff…

Court: SUPREME COURT OF THE STATE OF DELAWARE

Date published: Sep 6, 2017

No. 258, 2017 (Del. Sep. 6, 2017)

Opinion

No. 258, 2017

09-06-2017

DARREL PAGE, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee.

Gary F. Traynor Justice

Court Below—Superior Court of the State of Delaware Cr. ID No. 9911016961 (N) Before STRINE, Chief Justice; SEITZ and TRAYNOR Justices. ORDER

This 6^th day of September 2017, after careful consideration of the opening brief, the motion to affirm, and the record below, we find it manifest that the judgment below should be affirmed on the basis of the Superior Court's well-reasoned orders dated June 8, 2017. The Superior Court did not err in concluding that the appellant's fifth motion for postconviction relief was subject to summary dismissal under Superior Court Criminal Rule 61(d)(2). Nor did the Superior Court err in denying the appellant's motion to compel. We note that this is the appellant's fifth postconviction motion. We will not continue to invest scare judicial resources to address untimely claims. We encourage the appellant to be mindful of Superior Court Criminal Rule 61(j).¹

1 Super. Ct. Crim. R. 61(j) ("If a motion is denied, the state may move for an order requiring the movant to reimburse the state for costs and expenses paid for the movant from public funds."). --------

NOW, THEREFORE, IT IS ORDERED that the motion to affirm is GRANTED and the judgment of the Superior Court is AFFIRMED.

BY THE COURT:

/s/ Gary F . Traynor

Justice