Opinion
Def. ID #90S04507DI.
May 2, 2002.
Motion for Post Conviction Relief (R-1).
CRA #90-11-0329 Unlawful Sexual Intercourse 1st Degree.
CRA #90-11-0331 Unlawful Sexual Penetration 3rd Degree.
CRA #90-11-0332 Unlawful Sexual Penetration 3rd Degree.
Robert W. Johnson, Georgetown, DE.
Dear Mr. Johnson:
The Court is in receipt of your Motion for Post Conviction Relief, filed pursuant to Rule 61. Your application is denied.
On August 14, 1992, this Court sentenced you to a period of life imprisonment on the Unlawful Sexual Intercourse 1st Degree charge. You received five years incarceration at Level 5 on each of the Unlawful Sexual Penetration 3rd Degree charges. Your conviction was affirmed by the Delaware Supreme Court. Robert W. Johnson, Jr. v. State of Delaware, Del.Supr., No. 363, 1992, Holland, J. (June 22, 1993) (ORDER)
As this case is almost ten years old, it is clearly barred by Rule 61(i)(1), which requires that a post conviction application must be filed within three years from the date the judgement became final.
You allege that this bar is inapplicable because of a claim that the Court lacked jurisdiction and that there was a colorable claim of miscarriage of justice because of a constitutional violation undermining the fundamental legality, reliability, and integrity of your conviction. See Rule 61(i)(5). To support this claim you allege that these matters should have been tried in the Family Court under the protection from abuse proceedings set forth in 10 Del. C. § 1041 through 1048. You were charged with what is commonly known as rape of your minor daughter. That is a felony which is punishable by up to life imprisonment; the sentence that you received. This court has exclusive jurisdiction over such crimes. Your claim that the procedural bar isn't applicable has no merit.
The defendant's motion for Post Conviction Relief is procedurally barred and therefore denied. So ordered.