Caldwell v. State

IN THE SUPREME COURT OF THE STATE OF DELAWARE
FRED T. CALDWELL, §
§ No. 152, 2015
Defendant Below- §
Appellant, §
§
v. § Court Below—Superior Court
§ of the State of Delaware,
STATE OF DELAWARE, § in and for Kent County
§ Cr. ID 0207018104B
Plaintiff Below- §
Appellee. §
Submitted: June 18, 2015
Decided: August 19, 2015
Before STRINE, Chief Justice; VALIHURA and SEITZ, Justices.
ORDER
This 19th day of August 2015, after careful consideration of the opening
brief, motion to affirm, and record below, we find it manifest that the Superior
Court’s order, dated March 2, 2015, should be affirmed. The Superior Court did
not err in summarily dismissing Caldwell’s second motion for postconviction relief
because the motion failed to plead with particularity a claim that (i) new evidence
exists that creates a strong inference that Caldwell is actually innocent; or (ii) a
new rule of constitutional law made retroactive to cases on collateral review
renders his convictions invalid.1
1
Del. Super. Ct. Crim. R. 61(d)(2) (effective June 4, 2014).
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior
Court is AFFIRMED.
BY THE COURT:
/s/ Collins J. Seitz, Jr.
Justice
2