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State v. McMillion

Superior Court of Delaware, Sussex

March 7, 2014

State
v.
Marvin McMillion

Mr. Marvin J. McMillion SBI #163 James T. Vaughn Correctional Center

Dear Mr. McMillion:

On March 4, 2014 the Court received your fourth postconviction motion filed pursuant to Superior Court Criminal Rule 61 ("Rule 61").

You are currently serving a lengthy sentence arising from your 1994 convictions for Attempted Unlawful Sexual Intercourse in the First Degree (80-year-old victim); Robbery in the First Degree; Burglary in the First Degree; Unlawful Sexual Penetration; and Criminal Mischief. On direct appeal your convictions were affirmed.[1] You have filed three prior postconviction motions, all of which were denied and affirmed on appeal.[2]

You have previously alleged ineffective assistant of your trial attorney. In your present motion you allege trial counsel was ineffective.

Your fourth postconviction motion is procedurally barred as it comes too late, deals with claims that could have previously been made and have been previously adjudicated to the extent it overlaps with your previous complaints about your trial attorney.[3] Therefore the motion for postconviction is hereby denied.

IT IS SO ORDERED.

Very truly yours,

T. Henley Graves Department of Justice


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