Opinion
ID No. 9804001318.
Submitted: September 10, 2009.
December 23, 2009.
Leroy Shelley, aka Tyron Davis — DK7871, SBI No. 00, Waynesburg, PA.
Dear Mr. Shelley:
This is my decision on your Motion for Postconviction Relief. You were convicted of a number of charges arising out of your robbery of two employees at the Rainbow Apparel store on February 6, 1997. You now claim that one of the State of Delaware's witnesses, Mark D. Hawk, offered testimony regarding your confession that was untrue and not supported by any other evidence. These are claims that you could have raised in your appeal to the Delaware Supreme Court. You did not do so and have not offered any explanation now for not doing so. Therefore, your claims are barred by Superior Court Criminal Rule 61(1)(3).
Your Motion for Postconviction Relief is denied.
IT IS SO ORDERED.
cc: NCC Prothonotary's Office Brian James Robertson, Esquire Timothy Joseph Weiler, Esquire
Leroy Shelley AKA Tyron Davis DK7871
175 Progress Drive Waynesburg, PA 15370
STATE MAIL Sussex Correctional Institution ATTN: Charles A. Edwards SBI # 00520789 P.O. Box 500 Georgetown, DE 19947 N440
Ronald L. Cannon Carlos Ortiz/DCC
Maryland Eastern Correctional Institution Attn: Willie R. Bryant — # 265301
30420 Revells Neck Road Westover, MD 21890
STATE MAIL — N440 Delaware Correctional Center ATTN: Bruce Waples SBI # 00170369
1181 Paddock Road Smyrna, DE 19977