Thomas v. State

Full title: JESSIE THOMAS, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff…

Court: SUPREME COURT OF THE STATE OF DELAWARE

Date published: Nov 7, 2016

No. 279, 2016 (Del. Nov. 7, 2016)

Opinion

No. 279, 2016

11-07-2016

JESSIE THOMAS, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee.

James T. Vaughn, Jr. Justice

Court Below: Superior Court of the State of Delaware Cr. ID. No. 1304013732 Before VALIHURA, VAUGHN, and SEITZ, Justices. ORDER

This 7^th day of November 2016, after careful consideration of the appellant's opening brief, the State's motion to affirm, and the record on appeal, the Court concludes that the judgment below should be affirmed on the basis of the Superior Court's well-reasoned order dated May 3, 2016. The Superior Court did not err in summarily dismissing the appellant's second motion for postconviction relief because the motion was procedurally barred and failed to satisfy the pleading requirements of Superior Court Criminal Rule 61(d)(2). To the extent the appellant is trying to appeal the September 8, 2015 order of the Superior Court denying his first motion for postconviction relief, this Court lacks jurisdiction to consider his untimely appeal.¹

1 Supr. Ct. R. 6 (a)(iv) (providing appeal of postconviction order must be filed within thirty days of entry of order upon docket); Carr v. State, 554 A.2d 778, 779 (Del. 1989) ("Time is a jurisdictional requirement.").

NOW, THEREFORE, IT IS ORDERED that the motion to affirm is GRANTED and the judgment of the Superior Court is AFFIRMED.

BY THE COURT:

/s/ James T. Vaughn, Jr.

Justice