McCane v. State

Annotate this Case

Download PDF

IN THE SUPREME COURT OF THE STATE OF DELAWARE RICHARD D. MCCANE, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 71, 2003 Court Below Superior Court of the State of Delaware, in and for Sussex County Cr. ID 9711007448 Submitted: April 25, 2003 Decided: May 30, 2003 Before VEASEY, Chief Justice, BERGER, and STEELE, Justices. ORDER This 30th day of May 2003, the Court has considered the appellant s opening brief and the State s motion to affirm, and we find it manifest that the judgment of the Superior Court should be affirmed on the basis of the Superior Court s wellreasoned decision dated January 13, 2003. The Superior Court did not err when it concluded that McCane s second petition for postconviction relief was procedurally barred by Superior Court Criminal Rule 61(i)(1) and Rule 61(i)(4). McCane s petition was both time-barred and the claims were previously adjudicated. McCane failed to overcome these procedural hurdles. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Myron T. Steele Justice 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.