Def. ID No. 9804001318.Superior Court of Delaware, Sussex County.Date Submitted: September 10, 2009.
December 15, 2009.
Brian James Robertson, Esquire, Deputy Attorney General, Wilmington, DE.
Timothy Joseph Weiler, Esquire, Wilmington, DE.
Letter Opinion
E. SCOTT BRADLEY, Judge.
Dear Mr. Shelley:
This is my decision on your Motion for Postconviction Relief. You were convicted of a number of charges arising out of your robbery of two employees at the Rainbow Apparel store on February 6, 1997. You now claim that one of the State of Delaware’s witnesses, Mark D. Hawk, offered testimony regarding your confession that was untrue and not supported by any other evidence. These are claims that you could have raised in your appeal to the Delaware Supreme Court. You did not do so and have not offered any explanation now for not doing so. Therefore, your claims are barred by Superior Court Criminal Rule 61(i)(4).
Your Motion for Postconviction Relief is denied.
IT IS SO ORDERED.
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