State v. Newton

Full title: STATE OF DELAWARE v. SYE C. NEWTON, Defendant.

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

Date published: Aug 31, 2015

ID#: 0805017969 (Del. Super. Ct. Aug. 31, 2015)

Opinion

ID#: 0805017969

08-31-2015

STATE OF DELAWARE v. SYE C. NEWTON, Defendant.

pc: Karin M. Volker, Deputy Attorney General Sye C. Newton, pro se Defendant

Fred S. Silverman Judge

ORDER

Upon Defendant's Third Motion for Postconviction Relief - SUMMARILY DISMISSED

1. Defendant's first motion for postconviction relief was summarily dismissed July 15, 2010. Defendant's second motion for postconviction relief was summarily dismissed January 31, 2012. It appears Defendant filed this, his third motion for postconviction relief, May 27, 2014.

2. It is unclear why it took until now for Defendant's third motion for postconviction relief to be referred to chambers. The problem may be that Defendant files serial motions. This time, he also filed a motion under Superior Court Civil Rule 60, which was assigned to another judge. It is likely the motion for postconviction relief was lost in the shuffle.

3. In any event, the motion has been properly referred,¹ and it appears to be subject to summary dismissal after preliminary review.²

1 Super. Ct. Crim. R. 61(d)(1).

2 Id. 61(d)(2).

4. The motion is almost identical to Defendant's previous motions, so the issues have been squarely addressed before.³ If there is anything new in the third motion for postconviction relief, which there does not appear to be, it should have been raised in the earlier proceedings.⁴

3 See State v. Newton, 2010 WL 8250757, ID#: 0805017969 (Del. Super. July 15, 2010); State v. Newton, 2012 WL 1415811, ID#: 0805017969 (Del. Super. Jan. 31, 2012).

4 Super. Ct. Crim. R. 61(b)(2).

5. Defendant has not seriously attempted to show cause and prejudice for his procedural defaults. Moreover, the court has previously reviewed his claims to determine whether the interest of justice exception to the bars had been invoked and decided that it had not.⁵

5 See Newton, 2012 WL 1415811 at *1 (Del. Super. Jan. 31, 2012). --------

For the foregoing reasons, after preliminary review, Defendant's third motion for postconviction relief is SUMMARILY DISMISSED. The Prothonotary SHALL notify Defendant.

IT IS SO ORDERED. Date: August 31, 2015

/s/ Fred S. Silverman

Judge oc: Prothonotary (Criminal)
pc: Karin M. Volker, Deputy Attorney General

Sye C. Newton, pro se Defendant