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Bass v. State

Supreme Court of Delaware

April 22, 2014

DONALD F. BASS, Defendant Below, Appellant,
v.
STATE OF DELAWARE, Plaintiff Below, Appellee

Submitted March 26, 2014.

Motion for Reargument filed 4/30/14; Denied 5/6/14. Case Closed May 8, 2014.

Editorial Note:

This decision has been designated as "Table of Decisions Without Published Opinions." in the Atlantic Reporter.

Court Below--Superior Court of the State of Delaware in and for New Castle County. Cr. ID No. 9607012102.

Before HOLLAND, JACOBS and RIDGELY, Justices.

OPINION

Randy J. Holland, Justice.

ORDER

This 22nd day of April 2014, upon consideration of the appellant's opening brief and the appellee's motion to affirm, it appears to the Court that:

(1) In 1998, the appellant, Donald F. Bass, was convicted of multiple counts of Robbery in the First Degree and related offenses and was sentenced to life in prison plus a term of years. This Court affirmed Bass' convictions and sentence on direct appeal.[1]

(2) This appeal is from the Superior Court's summary dismissal of Bass' fourth motion for postconviction relief pursuant to Superior Court Criminal Rule 61 (" Rule 61" ).[2] 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.[3]

(3) Having considered the Rule 61(i) procedural bars in this case, the Court has determined that Bass' fourth postconviction motion is procedurally barred as untimely,[4] repetitive,[5] defaulted,[6] and formerly adjudicated.[7] In the absence of a constitutional violation,[8] a newly recognized retroactively applicable right,[9] or any indication that consideration of Bass' claims is warranted in the interest of justice,[10] we conclude that the Superior Court did not err when summarily dismissing Bass' fourth 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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