Short v. State

Full title: Lakisha SHORT, Defendant Below–Appellant, v. STATE of Delaware, Plaintiff…

Court: Supreme Court of Delaware.

Date published: May 28, 2015

115 A.3d 1215 (Del. 2015)

Opinion

No. 61, 2015.

05-28-2015

Lakisha SHORT, Defendant Below–Appellant, v. STATE of Delaware, Plaintiff Below–Appellee.

RANDY J. HOLLAND, Justice.

ORDER

RANDY J. HOLLAND, Justice.

This 28th day of May 2015, the Court has carefully considered this appeal from the denial of appellant's second motion for postconviction relief. We find it manifest that the judgment below should be affirmed on the basis of the Superior Court's well-reasoned decision dated January 16, 2015. The Superior Court did not err in concluding that the expiration of appellant's sentence in 2001, as well as this Court's ruling on her first postconviction motion,¹ required dismissal of her second motion for postconviction relief.

1

NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.

Short v. State, 2013 WL 3807795 (Del. July 18, 2013) (holding that appellant lacked standing to seek postconviction relief because her sentence had expired and she was no longer “in custody” under that sentence as required by Superior Court Criminal 61(a)(1)).