Caldwell v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE FRED T. CALDWELL, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 152, 2015 Court Below—Superior Court of the State of Delaware, in and for Kent County Cr. ID 0207018104B Submitted: June 18, 2015 Decided: August 19, 2015 Before STRINE, Chief Justice; VALIHURA and SEITZ, Justices. ORDER This 19th day of August 2015, after careful consideration of the opening brief, motion to affirm, and record below, we find it manifest that the Superior Court’s order, dated March 2, 2015, should be affirmed. The Superior Court did not err in summarily dismissing Caldwell’s second motion for postconviction relief because the motion failed to plead with particularity a claim that (i) new evidence exists that creates a strong inference that Caldwell is actually innocent; or (ii) a new rule of constitutional law made retroactive to cases on collateral review renders his convictions invalid.1 1 Del. Super. Ct. Crim. R. 61(d)(2) (effective June 4, 2014). NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Collins J. Seitz, Jr. Justice 2

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