Wood v. State

Supreme Court of Delaware
Seitz

Wood v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

RAYMOND WOOD, SR., § § Defendant Below- § No. 224, 2015 Appellant, § § v. § Court Below—Superior Court § of the State of Delaware, STATE OF DELAWARE, § in and for Sussex County § Cr. ID 1304026601 Plaintiff Below- § Appellee. §

Submitted: July 27, 2015 Decided: September 10, 2015 Corrected: October 8, 2015

Before STRINE, Chief Justice; VAUGHN, and SEITZ, Justices.

ORDER

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. 1

NOW, THEREFORE, IT IS ORDERED that the judgment of the

Superior Court is AFFIRMED.

BY THE COURT:

/s/ Collins J. Seitz, Jr. Justice

1 Del. Super. Ct. R. 61(d)(2), (i)(5) (effective June 4, 2014).

2

Reference

Status
Published