State v. Franks

Full title: STATE OF DELAWARE v. JEROME FRANKS

Court: SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR KENT COUNTY

Date published: Oct 16, 2015

I.D. No. 89K01032DI (Del. Super. Ct. Oct. 16, 2015)

Opinion

I.D. No. 89K01032DI

10-16-2015

STATE OF DELAWARE v. JEROME FRANKS

Jeffrey J Clark Judge

RK76-03-0120-07
Rape 1^st (F)
RK76-03-0121-07
Burglary 1^st (F)
RK76-03-0122-07
Kidnap 2 (F)
Trial - Guilty

st

st

ORDER

Defendant filed his seventh Motion for Postconviction Relief on August 3, 2015. Upon careful consideration of Defendant's motion, it is summarily dismissed as procedurally barred pursuant to Superior Court Criminal Rule 61(d)(2). As a seventh motion, the claims advanced also do not fall within an exception outlined in Superior Court Criminal Rule 61(d)(2) requiring summary dismissal of second or subsequent postconviction motions. Finally, Defendant's motion is independently time barred pursuant to Superior Court Criminal Rule 61(i)(1). SO ORDERED this 16 day of October, 2015.

/s/ Jeffrey J Clark

Judge
JJC/dsc
oc: Prothonotary
cc: Stephen R. Welch, Jr., Esquire for DAG H. Turner

Jerome Franks, VCC