Lacombe v. State

IN THE SUPREME COURT OF THE STATE OF DELAWARE
CLAUDE LACOMBE, §
§ No. 22, 2018
Defendant Below- §
Appellant, §
§
v. § Court Below—Superior Court
§ of the State of Delaware
STATE OF DELAWARE, §
§ Cr. ID 1201018188 (N)
Plaintiff Below- §
Appellee. §
Submitted: February 8, 2018
Decided: April 5, 2018
Before STRINE, Chief Justice; VALIHURA and TRAYNOR, Justices.
ORDER
This 5th day of April 2018, after consideration of the opening brief and the
motion to affirm, it is clear that the judgment below should be affirmed on the basis
of and for the reasons assigned by the Superior Court in its well-reasoned decision
dated December 21, 2017. This was Lacombe’s second motion for postconviction
relief following his guilty plea in 2013. A second or subsequent postconviction
motion following the entry of a guilty plea is subject to summary dismissal under
Rule 61(d)(2).1 The Superior Court did not err in denying Lacombe relief.
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Del. Super. Ct. Crim. R. 61(d)(2) (stating that a second or subsequent Rule 61 motion “shall be
summarily dismissed, unless the movant was convicted after a trial and the motion” meets
additional criteria under the rule).
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior
Court is AFFIRMED.
BY THE COURT:
/s/ Leo E. Strine, Jr.
Chief Justice
2