Opinion
No. 492, 1998.
June 30, 1999.
Appeal from the Superior Court, CrA IN87-11-1099R2-1104R2.
AFFIRMED.
Unpublished Opinion is below.
KEITH R. WATSON, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. No. 492, 1998. Supreme Court of Delaware. Submitted: June 8, 1999. Decided: June 30, 1999.
Appeal from Superior Court of the State of Delaware, in and for New Castle County, Cr. A. Nos. IN87-11-1099R2 thru 1104R2 and Cr. ID No. 87007927DI
Before VEASEY, Chief Justice, WALSH, and HARTNETT, Justices.
ORDER
This 30th day of June 1999, upon consideration of the briefs of the parties, it appears to the Court that:
1. Keith R. Watson appeals the denial by the Superior Court of his second motion for post-conviction relief under Superior Court Criminal Rule 61(i)(1).
2. We have carefully considered the motion and conclude that the Superior Court properly exercised its discretion and denied the motion because it is time barred under the three year limitation period of Superior Court Criminal Rule 61(i)(1) and is not subject to the fundamental fairness exception of Superior Court Criminal Rule 61(i)(5) for the reasons set forth in the October 22, 1998, Order of the Superior Court.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court be, and the same hereby is, AFFIRMED.
BY THE COURT:
Maurice A. Hartnett, III, Justice