Opinion
No. 224, 2015
09-10-2015
Raymond Wood, Sr., Defendant Below–Appellant, v. State of Delaware, Plaintiff Below–Appellee.
ORDER
Collins J. Seitz, Jr., Justice
This 8th day of October 2015, after careful consideration of appellant Raymond Wood's opening brief and the State's motion to affirm, we find it manifest that the judgment below denying Wood's motion for postconviction relief as untimely under Superior Court Criminal Rule 61(i)(1) should be affirmed. Wood's untimely motion failed to overcome the procedural hurdle of Rule 61(i)(1) because it failed to plead with particularity a claim that (i) new evidence exists that creates a strong inference that Wood is actually innocent; or (ii) a new rule of constitutional law made retroactive to cases on collateral review renders Wood's convictions invalid.
Del. Super. Ct. R. 61(d)(2), (i)(5) (effective June 4, 2014).
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.