Kane v. State

IN THE SUPREME COURT OF THE STATE OF DELAWARE THOMAS F. KANE, § § Defendant Below, § No. 388, 2020 Appellant, § § Court Below—Superior Court v. § of the State of Delaware § STATE OF DELAWARE, § Cr. ID No. 0612001862 (K) § Plaintiff Below, § Appellee. § Submitted: March 9, 2021 Decided: March 29, 2021 Before VALIHURA, VAUGHN, and TRAYNOR, Justices.

ORDER After careful consideration of the appellant’s opening brief, the State’s motion to affirm, and the record on appeal, we conclude that the judgment below should be affirmed on the basis of the Superior Court’s order, dated October 15, 2020, denying the appellant’s motion seeking to set aside his 2008 conviction for first-degree murder and other charges pursuant to a plea of guilty but mentally ill. The Superior Court correctly determined that Superior Court Criminal Rule 61 provides the sole means by which a defendant may seek to set aside a conviction.1 The appellant’s previous motions for postconviction relief have been denied,2 and the appellant has not pleaded any circumstances under Rule 61(d)(2)(i) or (d)(2)(ii) that overcome the procedural bars set forth in Rule 61,3 nor does he claim that the Superior Court lacked jurisdiction.4 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/ James T. Vaughn, Jr. Justice remedy for setting aside a final criminal conviction.”). See also DEL. SUPER. CT. CRIM. R. 61(a)(2) (“The remedy afforded by this rule may not be sought by a petition for a writ of habeas corpus or in any manner other than as provided herein.”).