Supreme Court of Delaware, 2022

Johnson v. State

Supreme Court of Delaware · Decided August 25, 2022 · Traynor J.

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE JONATHAN JOHNSON, §

§ No. 125, 2022 Defendant Below, § Appellant, § Court Below—Superior Court

§ of the State of Delaware v. §

§ Cr. ID No. 1602004456A (N) STATE OF DELAWARE, §

§ Appellee. §

Submitted: July 26, 2022

Decided: August 25, 2022

Before SEITZ, Chief Justice; 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 March 22, 2022, summarily dismissing the appellant’s second motion for postconviction relief. The appellant pleaded guilty1 and 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, 2 nor does he claim that the Superior Court lacked jurisdiction.3

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

1 DEL. SUPER. CT. CRIM. R. 61(d)(2) (providing that a second or subsequent motion for postconviction relief “shall be summarily dismissed, unless the movant was convicted after a trial and the motion” pleads with particularity either “that new evidence exists that creates a strong inference that the movant is actually innocent in fact of the acts underlying the charges of which he was convicted” or “a claim that a new rule of constitutional law, made retroactive to cases on collateral review by the United States Supreme Court or the Delaware Supreme Court, applies to the movant’s case and renders the conviction . . . invalid”). 2 Id. R. 61(i). 3 Id. R. 61(i)(5).

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