CourtListener 10289489•Thomas v. State
Texto completo
IN THE SUPREME COURT OF THE STATE OF DELAWARE
JEFFREY W. THOMAS, §
§ No. 384, 2024
Defendant Below, §
Appellant, § Court Below–Superior Court
§ of the State of Delaware
v. §
§ Cr. ID No. 1403008516 (K)
STATE OF DELAWARE, §
§
Appellee. §
Submitted: October 11, 2024
Decided: December 5, 2024
Before TRAYNOR, LEGROW, and GRIFFITHS, Justices.
ORDER
After considering the appellant’s opening brief, the State’s motion to affirm,
and the record on appeal, we affirm the Superior Court’s order dismissing the
appellant’s fourth motion for postconviction relief. The motion was subject to
summary dismissal under Superior Court Criminal Rule 61 because the appellant,
Jeffrey Thomas, failed to plead new evidence of his actual innocence or that a new
rule of constitutional law made retroactive to his case renders his conviction invalid.1
We review for plain error Thomas’s argument on appeal that he was denied his
1
Del. Super. Crim. R. 61(d)(2) (providing that a second or subsequent motion for postconviction
relief must be summarily dismissed unless the movant was convicted after a trial and pleads with
particularity new evidence creating a strong inference that the movant is actually innocent or that
a new rule of constitutional law is retroactively applicable and renders his conviction invalid).
constitutional right to the effective assistance of counsel in connection with his first
motion for postconviction relief because he did not raise it below.2 There is no plain
error here.3
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/ Abigail M. LeGrow
Justice
2
Del. Supr. Ct. R. 8.
3
See Roten v. State, 2013 WL 5808236, at *1 (Del. Oct. 28, 2013) (rejecting the appellant’s
argument that the Superior Court’s failure to appoint counsel to represent him in connection with
his initial postconviction proceedings violated his state and federal constitutional rights).
2
Continue sua pesquisa no ChatGPT ou Claude
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.