State v. Daniels, Cr.A. No. in 80-01-0332R2

Full title: STATE OF DELAWARE v. ELMER DANIELS

Court: Superior Court of Delaware, New Castle County

Date published: Dec 17, 1999

Cr. A. No: IN 80-01-0332 R2 (Del. Super. Ct. Dec. 17, 1999)

Opinion

Cr. A. No: IN 80-01-0332 R2

Submitted: December 9, 1999

Decided: December 17, 1999 Order Denied: February 8, 2000

Upon Defendant's Motion for Reargument: DENIED.

ORDER

GEBELEIN, J.

1. Defendant Elmer Daniels' has moved for reargument as a result of the written opinion of November 18, 1999 that denied his third Motion for Postconviction Relief

2. Superior Court Criminal Rule 61 which addresses postconviction remedies, does not provide defendants an opportunity to reargue motions for postconviction relief. Therefore, the Court will consider Defendant's motion for reargument as if it were another motion for postconviction relief.¹

1 Even if the Court were to apply Superior Court Civil Rule 59(e) which addresses motions for reargument, Defendant's motion would still be dismissed as untimely. Under Rule 59(e), such motions must be filed within five (5) days after the filing of the Court's opinion. Here, the Court's opinion was filed on November 18, 1999 and Defendant's untimely motion was not filed with the Prothonotary until December 8, 1999.

3. The Court's decision of November 18, 1999 denied the Defendant's third motion for postconviction relief because the claims were procedurally barred as untimely under Rule 61(i)(1). The present motion is equally untimely and must also be dismissed.

Based upon the foregoing, Elmer Daniels' Motion for Reargument is DENIED.

IT IS SO ORDERED.