Ushler v. State

IN THE SUPREME COURT OF THE STATE OF DELAWARE

WILLIAM R. USHLER, §
§
Defendant Below, § No. 327, 2025
Appellant, §
§ Court Below—Superior Court
v. § of the State of Delaware
§
STATE OF DELAWARE, § Cr. ID No. 2204009600 (N)
§
Appellee. §

Submitted: November 5, 2025
Decided: December 30, 2025

Before SEITZ, Chief Justice; VALIHURA and TRAYNOR, Justices.

ORDER

After careful consideration of the appellant’s opening brief and motion for

recusal, the appellee’s motion to affirm, and the record on appeal, we conclude that

the judgment below should be affirmed on the basis of the Superior Court’s order,

dated July 9, 2025, denying the appellant’s first motion for postconviction relief

under Superior Court Criminal Rule 61.1 The appellant’s motion to recuse a deputy

attorney general who did not file or appear on the appellee’s motion to affirm is

moot.

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State v. Ushler, 2025 WL 1898104 (Del. Super. Ct. July 9, 2025).
NOW, THEREFORE, IT IS ORDERED that motion to affirm is GRANTED

and the judgment of the Superior Court is AFFIRMED. The motion for recusal is

moot.

BY THE COURT:

/s/ Karen L. Valihura
Justice

2