Carter v. State

IN THE SUPREME COURT OF THE STATE OF DELAWARE

JERMAINE CARTER, §

§ No. 39, 2020 Defendant Below, §

Appellant, §

§ v. § Court Below – Superior Court § of the State of Delaware STATE OF DELAWARE, §

§ Cr. ID No. 0810013184 (N) Plaintiff Below, §

Appellee. §

Submitted: February 28, 2020 Decided: April 2, 2020

Before SEITZ, Chief Justice; TRAYNOR and MONTGOMERY-REEVES, Justices.

ORDER

After careful consideration of the appellant’s opening brief, the appellee’s motion to affirm, and the record below, we conclude that the Superior Court did not abuse its discretion when it summarily dismissed the appellant’s successive motions for postconviction relief. The appellant has not pleaded with particularity new evidence of actual innocence or that a new, retroactive rule of constitutional law renders his conviction invalid.1 Nor has he asserted any claim that the Superior Court lacked jurisdiction. 2

We previously warned the appellant that if he continued to file appeals from the denial of untimely and repetitive motions in the Superior Court, he risked being enjoined from filing appeals in this Court without first seeking leave of the Court.3 We now conclude that Carter’s untimely, repetitive, and frivolous filings constitute an abuse of the judicial process. Thus, the Clerk of this Court is directed to refuse any future filings from Carter related to these criminal convictions and sentences unless the filing is accompanied by the required filing fee or a completed motion to proceed in forma pauperis with a sworn affidavit containing the certifications required by 10 Del. C. § 8803(e)4 and that motion is first granted by 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/ Tamika R. Montgomery-Reeves Justice