Clay v. State

IN THE SUPREME COURT OF THE STATE OF DELAWARE
CHRISTOPHER CLAY, §
§ No. 142, 2022
Defendant Below, §
Appellant, § Court Below—Superior Court
§ of the State of Delaware
v. §
§ Cr. ID No. 1408007714A (S)
STATE OF DELAWARE, §
§
Appellee. §
Submitted: July 26, 2022
Decided: September 16, 2022
Before SEITZ, Chief Justice; VAUGHN and TRAYNOR, Justices.
ORDER
After careful consideration of the appellant’s opening brief, the State’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 March 25, 2022,
summarily dismissing the appellant’s second motion for postconviction relief. The
appellant has not pleaded—including in his reply brief before the Superior Court—
any circumstances under Rule 61(d)(2)(i) or (d)(2)(ii) that overcome the procedural
bars set forth in Rule 61,1 nor does he claim that the Superior Court lacked
jurisdiction.2
1
DEL. SUPER. CT. CRIM. R. 61(i).
2
Id. R. 61(i)(5).
NOW, THEREFORE, IT IS ORDERED that the motion to affirm is
GRANTED and the judgment of the Superior Court is AFFIRMED.
BY THE COURT:
/s/ Gary F. Traynor
Justice
2