State of Delaware v. Newton.
Annotate this Case
Download PDF
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
STATE OF DELAWARE,
v.
SYE C. NEWTON,
Defendant.
)
)
)
)
)
)
)
ID#: 0805017969
ORDER
Upon Defendant’s “ Rule 60 Motion For Relief From Judgment or Order” –
DISMISSED
1.
Having failed to overturn, through direct appeal1 and serial
motions for postconviction relief,2 his conviction for kidnaping and related crimes
stemming from taking a hostage in prison, Defendant now seeks relief through
Superior Court Civil Rule 60(b).
2.
This is a criminal matter. It is governed by the Superior Court
Rules of Criminal Procedure.3 Only cases not provided for in the criminal rules are
covered by the civil rules.4 Criminal Rule 61 clearly covers the claims made by
Defendant now. Defendant is attempting to collaterally attack his conviction and
1
Newton v. State, 991 A.2d 18 (Del. 2010 ).
State v. Newton, 201 0 W L 82 507 57 (Del. Supe r. July 15 , 201 0); State v. Newton, 201 2 W L 14 158 11 (Del.
Super. Jan. 31, 2012).
3
Super. Ct. Crim. R.1.
4
Super. Ct. Crim. R.57(d).
2
sentence, which is a proceeding controlled by Criminal Rule 61, not Civil Rule
60(d).5 Civil Rule 60(d) is not a way around Criminal Rule 61 and its procedural
bars.
3.
Defendant’s second motion for postconviction relief was
characterized as “borderline frivolous.” That was because Defendant, among other
things, attempted to invoke the “Geneva Convention.” This time, Defendant is
resorting to a civil rule in a criminal matter.
For the foregoing reasons, Defendant’s September 17, 2013 “Rule
60 Motion For Relief From Judgment or Order,” including the October 11, 2013
supplemental pleading is DISMISSED.
IT IS SO ORDERED.
Date:
oc:
pc:
October 14, 2013
/s/ Fred S. Silverman
Judge
Prothonotary (Criminal Division)
Karin M. Volker, Deputy Attorney General
Sye C. Newton, Defendant
5
See Jackson v. State, 931 A.2d 437 (Del. 200 7).
2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
