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Johnson v. State

Supreme Court of Delaware

October 27, 2014

DERIOUS J. JOHNSON, Defendant Below, Appellant,
v.
STATE OF DELAWARE, Plaintiff Below, Appellee

Submitted October 2, 2014.

Case Closed November 13, 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. 0304007340.

Before STRINE, Chief Justice, RIDGELY, and VALIHURA, Justices.

ORDER

Karen L. Valihura, Justice.

This 27th day of October 2014, after careful consideration of the appellant's opening brief, the appellee's motion to affirm, and the record below, we find it manifest that the Superior Court's July 23, 2014 order, which denied Derious Johnson's third motion for postconviction relief under Superior Court Criminal Rule 61 (" Rule 61" ), should be affirmed. The motion was untimely, repetitive, procedurally defaulted, and formerly adjudicated under Rule 61(i)(1)-(4) and Johnson failed to demonstrate any cause for relief from the procedural default,[1] that consideration of his claims was warranted in the interest of justice,[2] or a colorable claim of a miscarriage of justice.[3]

We also note that this is Johnson's third postconviction motion. In the future, if Johnson files additional petitions, we do not intend to invest scare judicial resources addressing repetitive claims. We encourage Johnson to be mindful of Rule 61(j).[4]

NOW, THEREFORE, IT IS ORDERED that motion to affirm is GRANTED and the judgments of the Superior Court are AFFIRMED.


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