Thomas v. State

Annotate this Case
Download PDF
IN THE SUPREME COURT OF THE STATE OF DELAWARE JESSIE THOMAS, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 279, 2016 Court Below: Superior Court of the State of Delaware Cr. ID. No. 1304013732 Submitted: September 15, 2016 Decided: November 7, 2016 Before VALIHURA, VAUGHN, and SEITZ, Justices. ORDER This 7th day of November 2016, after careful consideration of the appellant’s opening brief, the State’s motion to affirm, and the record on appeal, the Court concludes that the judgment below should be affirmed on the basis of the Superior Court’s well-reasoned order dated May 3, 2016. The Superior Court did not err in summarily dismissing the appellant’s second motion for postconviction relief because the motion was procedurally barred and failed to satisfy the pleading requirements of Superior Court Criminal Rule 61(d)(2). To the extent the appellant is trying to appeal the September 8, 2015 order of the Superior Court denying his first motion for postconviction relief, this Court lacks jurisdiction to consider his untimely appeal.1 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/ James T. Vaughn, Jr. Justice 1 Supr. Ct. R. 6 (a)(iv) (providing appeal of postconviction order must be filed within thirty days of entry of order upon docket); Carr v. State, 554 A.2d 778, 779 (Del. 1989) (“Time is a jurisdictional requirement.”). 2