Supreme Court of Delaware, 2019

Carter v. State

Carter v. State
Supreme Court of Delaware · Decided October 23, 2019 · Traynor J.

Carter v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE JERMAINE CARTER, § § Defendant Below, § No. 382, 2019 Appellant, § § Court Below—Superior Court v. § of the State of Delaware § STATE OF DELAWARE, § Cr. ID No. 081001384 (N) § Plaintiff Below, § Appellee. § Submitted: September 11, 2019 Decided: October 23, 2019 Before VALIHURA, SEITZ, and TRAYNOR, Justices.

ORDER After careful consideration of the appellant’s opening brief, the appellee’s motion to affirm, and the record on appeal, we conclude that the Superior Court order, dated August 21, 2019, summarily dismissing the appellant’s eighth motion for postconviction relief under Superior Court Criminal Rule 61 should be affirmed.

The motion was procedurally barred and did not satisfy the pleading requirements of Superior Court Criminal Rule 61(d)(2). We warn the appellant that if he continues to file appeals from orders dismissing untimely and repetitive claims in the Superior Court, he will be enjoined from filing future appeals without leave of the Court.

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/ Gary F. Traynor Justice

Case-law data current through December 31, 2025. Source: CourtListener bulk data.