Lewis v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE JIMMIE LEWIS, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 233, 2007 Court Below Superior Court of the State of Delaware in and for New Castle County Cr. ID No. 0305016966 Submitted: September 28, 2007 Decided: November 15, 2007 Before BERGER, JACOBS and RIDGELY, Justices. ORDER This 15th day of November 2007, upon consideration of the briefs on appeal and the record below, it appears to the Court that: (1) The defendant-appellant, Jimmie Lewis, filed an appeal from the Superior Court s April 27, 2007 order denying his second motion for postconviction relief pursuant to Superior Court Criminal Rule 61. We find no merit to the appeal. Accordingly, we affirm. (2) In October 2003, Lewis was found guilty by a Superior Court jury of Carjacking in the Second Degree, Felony Theft, and Resisting Arrest. He was sentenced to 8 years of Level V incarceration, to be suspended after 6 years for decreasing levels of supervision. This Court affirmed Lewis convictions and sentences on direct appeal.1 (3) In this appeal, Lewis presents several claims, which may fairly be summarized as follows: a) the Superior Court violated his due process rights by considering a court-ordered mental health evaluation; and b) his trial counsel provided ineffective assistance by failing to challenge the findings of the mental health evaluation. (4) As the Superior Court properly determined, Lewis second postconviction motion was untimely.2 Moreover, both of Lewis claims were adjudicated previously, the first in his direct appeal as well as his first postconviction motion and the second in his first postconviction motion.3 While Lewis attempts to overcome the procedural bar by arguing that reconsideration of his claims is warranted in the interest of justice,4 his attempt is unavailing. Lewis claims were fully considered in his previous submissions and we find no justification for reconsidering them in this proceeding. 1 Lewis v. State, Del. Supr., No. 64, 2005, Berger, J. (Sept. 29, 2005). Super. Ct. Crim. R. 61(i) (1). 3 Super. Ct. Crim. R. 61(i) (4). 4 Id. 2 2 NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Jack B. Jacobs Justice ` 3
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