Charles v. State

IN THE SUPREME COURT OF THE STATE OF DELAWARE

HARRY CHARLES, §
§ No. 370, 2025
Defendant Below, §
Appellant, § Court Below–Superior Court
§ of the State of Delaware
v. §
§ Cr. ID No. 2006000287A (K)
STATE OF DELAWARE, §
§
Appellee. §

Submitted: February 3, 2026
Decided: April 6, 2026

Before SEITZ, Chief Justice; LEGROW and GRIFFITHS, Justices.

ORDER

After consideration of the appellant’s opening brief, the State’s motion to

affirm, and the record on appeal, we affirm the Superior Court’s denial of the

appellant’s motion for postconviction relief. On September 27, 2021, the appellant,

Harry Charles, pleaded guilty to second-degree murder, possession of a firearm

during the commission of a felony, and second-degree conspiracy. On December

15, 2021, the Superior Court sentenced Charles to an aggregate of twenty-five years

of incarceration followed by decreasing levels of community supervision. Charles

did not appeal his convictions or sentence and, accordingly, his convictions became

final thirty days thereafter.1 On August 1, 2024—more than three years and six

1
Del. Super. Ct. Crim. R. 61(m)(1)(i).
months after his convictions became final—Charles filed a motion for

postconviction relief under Superior Court Criminal Rule 61, raising claims of

ineffective assistance of counsel. The Superior Court did not abuse its discretion

when it denied the motion for postconviction relief: it was procedurally barred as

untimely filed2 and did not satisfy the pleading requirements of Rule 61(i)(5).

NOW, THEREFORE, IT IS ORDERED that the State’s motion to affirm is

GRANTED and the judgment of the Superior Court is AFFIRMED.

BY THE COURT:

/s/ N. Christopher Griffiths
Justice

2
Del. Super. Ct. Crim. R. 61(i)(1) (providing in part that “[a] motion for postconviction relief may
not be filed more than one year after the judgment of conviction is final”).
2