Opinion
I.D. No. 92S05488DI (R-4).
March 31, 2010.
Motion for Postconviction Relief.
N440 — State Mail, Thomas R. Miller, James T. Vaughn Correctional Center, Smyrna, DE.
Dear Mr. Miller:
On March 25, 2010, you filed your fourth Motion for Postconviction Relief. There is no need to review the history of your convictions and previous attempts to seek relief pursuant to Superior Court Criminal Rules 35 and 61. Needless to say, you are serving a life sentence for burglary in the first degree and unlawful sexual intercourse in the third degree.
In the present Motion, you allege newly discovered evidence. You allege a letter from the Public Defender's Office concerning the DNA Innocence Project somehow supports your position that a rape did not happen.
The letter from Lisa M. Schwind, Esquire, Assistant Public Defender, advises you that 11 Del. C. § 4504 does not help you, i.e., "your case does not appear to fit these circumstances".
There is no newly discovered evidence which points to your innocence.
Your conviction was based on burglarizing an elderly lady's residence, and while committing a sexual assault, being pulled off of her by the police. There is no issue as to misidentification.
Defendant's fourth Motion for Postconviction Relief is denied.
IT IS SO ORDERED.