After extensive briefing, depositions, the retirement of the judge who presided over the trial and Rule 61 proceeding, and an evidentiary hearing, the Superior Court granted the Rule 61 motion on January 27, 2016. See State v.. Reyes, 2016 WL 358613 (Del. Super. Ct. Jan. 27, 2016), rev'd by State v. Reyes, 155 A.3d 331 (Del. 2017). The State appealed.
We now affirm.Reyes v. State, 819 A.2d 305, 318 (Del. 2003), cert. denied, 540 U.S. 862, 124 S.Ct. 170, 157 L.Ed.2d 113 (2003) ; State v. Reyes, 2016 WL 358613 (Del. Super. Jan. 27, 2016), rev'd, 155 A.3d 331 (Del. 2017).Cabrera v. State(Cabrera Direct Appeal), 840 A.2d 1256 (Del. 2004).
The Superior Court further broadly found that none of the procedural bars of Superior Court Criminal Rule 61(i)(1–4) applied to any of these findings because "there was a miscarriage of justice pursuant to Rule 61(i)(5), [and] ... reconsideration of otherwise procedurally barred claims is warranted in the interest of justice pursuant to Rule 61(i)(4)."State v. Reyes, 2016 WL 358613, at *38 (Del. Super. Ct. Jan. 27, 2016). 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963).
The Superior Court's Reyes decision, which vacates a defendant's convictions and sentence following consideration of a first, timely-filed motion for postconviction relief, is inapposite in this appeal from the summary dismissal of an untimely-filed, fifth postconviction motion raising procedurally barred claims from a quarter century ago. See State v. Reyes, 2016 WL 358613 (Del. Super. Jan. 27, 2016) (granting postconviction motion). The Reyes decision is currently on appeal.