Opinion
Nos. 120/159, 2002
Submitted: May 29, 2003
Decided: June 9, 2003
Consolidated Court Below-Superior Court of the State of Delaware, in and for Sussex County in Cr. A. Nos. 98-11-0579 through 0581. Cr. ID No. 9809013934
Before VEASEY, Chief Justice, BERGER and STEELE, Justices.
ORDER
This 9th day of June 2003, it appears to the Court that:
(1) By Order dated May 20, 2003, the Court dismissed this consolidated appeal for the appellant's failure to file his opening brief and appendix. On May 29, 2003, the appellant filed a "Motion for Stay of All Proceedings." The Court has deemed the appellant's motion for stay to be a motion for reargument pursuant to Supreme Court Rule 18.
(2) The Court has considered the appellant's motion for reargument and has concluded that the motion should be denied. The appellant's motion seeks to advance new factual allegations that prison staff recently confiscated his legal materials and has denied him access to this Court. The new allegations are not a proper subject for a motion for reargument. "On a motion for reargument the only issue is whether the court overlooked something that would have changed the outcome of the underlying decision."
McElroy v. Shell Petroleum, Inc., 1992 WL 397468 (Del.Supr.).
NOW, THEREFORE, IT IS HEREBY ORDERED that the appellant's motion for reargument is DENIED.