Submitted: April 28, 2014.
Case Closed June 19, 2014.
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. 0107010230.
Before BERGER, JACOBS
and RIDGELY, Justices.
Jack B. Jacobs, Justice.
This 11th day of June 2014, upon consideration of the appellant's opening brief and the appellee's motion to affirm, it appears to the Court that:
(1) The appellant, Robert Garvey, appeals from the Superior Court's denial of his fourth motion for postconviction relief under Superior Court Criminal Rule 61 (" Rule 61" ). The appellee, State of Delaware, has moved to affirm the judgment of the Superior Court.
(2) In 2003, a Superior Court jury convicted Garvey of Murder in the First Degree, Robbery in the First Degree, Attempted Robbery in the First Degree, four related weapon offenses, and Conspiracy in the Saffecond Degree. On December 17, 2003, the Superior Court sentenced Garvey to life in prison without the possibility of probation or parole. Thereafter, on direct appeal, this Court affirmed Garvey's convictions and sentence. The Court later affirmed the Superior Court's denials of Garvey's three previous motions for postconviction relief.
(3) In his fourth motion for postconviction relief, filed on March 18, 2013, Garvey claimed that the Superior Court was required, first, to appoint counsel to assist him in the proceedings, and second, to reevaluate his formerly unsuccessful claims for postconviction relief. By order dated May 30, 2013, the Superior Court denied Garvey's request for the appointment of counsel. The court also directed Garvey's trial counsel to file an affidavit responding to claims of ineffective assistance of counsel and the State to submit a legal memorandum responding to the postconviction motion and trial counsel's affidavit. By order dated December 20, 2013, after consideration of those submissions and Garvey's reply, the Superior Court denied both the postconviction motion and Garvey's motions for reconsideration of his request for the appointment of counsel and for an evidentiary hearing. This appeal followed.
(4) Having carefully considered the parties' positions on appeal, the Court has determined that the Superior Court's denial of Garvey's fourth motion for postconviction relief should be affirmed. When reviewing a denial of postconviction relief, this Court will address the Rule 61(i) procedural bars before considering the merits of any claim for relief. The Court has determined, as did the Superior Court, that Garvey's fourth postconviction motion is procedurally barred as untimely, repetitive, defaulted, and formerly adjudicated. Garvey has not established that his fourth postconviction motion implicates any constitutional violations or a newly recognized retroactively applicable right. Nor has he shown that consideration of his claims is warranted in the interest of justice. We therefore conclude that the Superior Court did not err by denying Garvey's fourth motion for postconviction relief.
NOW, THEREFORE, IT IS ORDERED that the State's motion to affirm is GRANTED. The judgment of the ...