Opinion
Def. ID # 1208005890
06-11-2015
RE: State of Delaware v. Carrie L. Leager
STATE MAIL - N448
Carrie L. Leager
SBI # 005
BWCI
660 Baylor Blvd
New Castle, DE 19720
Dear Ms. Leager:
This is my decision on your Motion for Postconviction Relief. You pled guilty to one count each of Rape in the Second Degree, Unlawful Sexual Contact in the Second Degree, Conspiracy in the Second Degree, and Endangering the Welfare of a Child. I sentenced you to 32 years at Supervision Level 5, suspended after serving 15 years at Supervision Level 5 for probation on April 12, 2013. When reviewing a motion for postconviction relief, this Court first must consider the procedural requirements before addressing any substantive issues. Superior Court Criminal Rule 61 has provided since July 1, 2005, that a motion for postconviction relief may not be filed more than one year after the judgment of conviction is final. You filed your Motion for Postconviction Relief on April 17, 2015, which is more than one year after the cut-off date. Thus, your Motion for Postconviction Relief is time-barred. While there are exceptions to this procedural bar, you have not alleged any facts that would entitle you to the benefit of these exceptions Therefore, I have denied your Motion for Postconviction Relief.
IT IS SO ORDERED.
Very truly yours,
/s/ E. Scott Bradley
E. Scott Bradley
ESB/sal
cc: Prothonotary
Counsel
Younger v. State, 580 A.2d 552, 554 (Del. 1990).