Opinion
9606002576 (R-1).
April 30, 2007.
N440 — State Mail, David G. McCray, Sussex Correctional Institution, Georgetown, DE.
Dear Mr. McCray:
On April 24, 2007, you filed a Motion for Postconviction Relief with this Court. In same, you state that in the interest of justice you should receive a new trial based upon the recantation of the complaining witness. You attach an affidavit of the complaining witness with a notary date of March 9, 2007. The affidavit is not completely filled in because at line numbered "2", it states "At that time I was _____ years old" but that is not filled in.
No matter what, this must be denied as this claim is the same claim that has been previously adjudicated and affirmed by the Delaware Supreme Court when you sought a new trial based upon recantation. The Supreme Court's affirmance of this Court's ruling was six years ago. David G. McCray v. State of Delaware, Del. Supr. No. 100, 2001, Veasey, C.J. (May 24, 2001) (ORDER).
Defendant's Motion for Postconviction Relief is procedurally barred pursuant to Superior Court Criminal Rule 61(i) as being time-barred and previously adjudicated.
To the extent the Defendant seeks a new trial under Superior Court Criminal Rule 33, it is dismissed as being time-barred and previously adjudicated.
IT IS SO ORDERED.