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State v. Taylor

Superior Court of Delaware, New Castle

April 10, 2013

STATE OF DELAWARE,
v.
JOHN A. TAYLOR, Defendant.

Upon Defendant's Fourth Motion for Postconviction Relief – SUMMARILY DISMISSED

James J. Kriner, Deputy Attorney General

John A. Taylor, Defendant

ORDER

Fred S. Silverman Judge

1. On May 10, 2012, the court dismissed Defendant's third motion for postconviction relief stemming from his January 22, 1996 conviction on two counts of unlawful sexual intercourse in the first degree, and related crimes.

2. Defendant did not take an appeal from the May 2012 dismissal. Instead, he filed this, his fourth motion for postconviction relief.

3. Prothonotary properly referred the motion for preliminarily review[1] and, it is subject to summary dismissal.[2]

4. Just as his third motion for postconviction relief was repetitive, so is this one. Defendant's fourth motion for postconviction relief is merely a serial filing. As to Defendant's third motion, the court found that Defendant's "underlying premise seems to be that if his claims are repeatedly reviewed, eventually they will achieve a better result." That seems to be what is going on here, too.

5. The court continues to find that in the interest of justice does not dictate substantive review of this repetitive motion.

For the foregoing reasons, Defendant's fourth motion for postconviction relief is SUMMARILY DISMISSED. The Prothonotary SHALL cause Defendant to be notified.

IT IS SO ORDERED.


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