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Marvel v. State

Supreme Court of Delaware

March 13, 2014

LARRY D. MARVEL, Defendant Below, Appellant,
v.
STATE OF DELAWARE, Plaintiff Below, Appellee

Submitted January 21, 2014.

Motion for Rehearing filed 3/27/14; Denied 4/4/14. Case Closed April 4, 2014.

Court Below--Superior Court of the State of Delaware in and for New Castle County. Cr. ID No. 0510007925.

Before HOLLAND, JACOBS and RIDGELY, Justices.

OPINION

Henry duPont Ridgely, Justice.

ORDER

This 13th day of March 2014, upon consideration of the appellant's opening brief as amended and the appellee's motion to affirm, it appears to the Court that:

(1) In 2006, the appellant, Larry D. Marvel, was found guilty by a Superior Court jury of Criminal Solicitation in the Second Degree and Conspiracy in the Second Degree. Marvel was sentenced as a habitual offender to life in prison plus two years at Level V. This Court affirmed Marvel's convictions on direct appeal.[1]

(2) This appeal is from the Superior Court's denial of Marvel's third motion for postconviction relief pursuant to Superior Court Criminal Rule 61 (" Rule 61" ). It is well-settled that when reviewing a denial of postconviction relief, this Court will address any procedural bars before considering the merits of any claim for relief.[2]

(3) Having considered the Rule 61(i) procedural bars in this case, the Court has determined, as did the Superior Court, that Marvel's third postconviction motion is procedurally barred as untimely,[3] repetitive[4] and formerly adjudicated.[5] In the absence of a constitutional violation,[6] a

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newly recognized retroactively applicable right,[7] or any indication that reconsideration of Marvel's claims is warranted in the interest of justice,[8] we conclude that the Superior Court did not err when denying Marvel's third motion for postconviction relief.

NOW, THEREFORE, IT IS ORDERED that the State's motion to affirm is GRANTED. The judgment of the Superior Court is AFFIRMED.


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