Opinion
No. 271 2015
09-21-2015
Darnell O. Pierce, Defendant Below–Appellant, v. State of Delaware, Plaintiff Below–Appellee.
ORDER
Collins J. Seitz, Jr., Justice
This 21st day of September 2015, after careful consideration of the opening brief, the State's motion to affirm, and the record on appeal, we find it manifest that the judgment below should be affirmed on the basis of the Superior Court's May 1, 2015 order. The Superior Court did not err in concluding that Darnell Pierce's first motion for postconviction relief, which was filed more than six years after this Court issued the mandate on his direct appeal, was untimely and subject to summary dismissal. Contrary to Pierce's assertion, merely alleging ineffective assistance of counsel is insufficient to excuse the time bar in every case. In this case, Pierce's motion failed to assert any colorable claim of a miscarriage of justice under former Superior Court Rule 61(i)(5) sufficient to overcome the one-year procedural bar. Under the circumstances, we also find no abuse of the Superior Court's discretion in denying Pierce's motion for the appointment of counsel.
Pierce v. State, 2007 WL 3301027 (Del. Nov. 8, 2007).
Foster v. State, 2012 WL 562825 (Del. Feb. 21, 2012).
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.