IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
STATE OF DELAWARE )
)
)
v. ) I.D. 0303001118
)
)
TYRONE E. BUNTING )
)
Defendant. )
ORDER
1. Defendant was convicted of robbery in the first degree and
robbery in the second degree and was sentenced to a lengthy period of
incarceration. His conviction was affirmed on direct appeal by the
Delaware Supreme Court. 1
2. In 2007 Defendant filed his first Rule 61 motion seeking post
conviction relief. This court held that portions of that motion were
procedurally barred and the remaining portions were with without
merit. 2 This court’s judgment was affirmed by the Delaware Supreme
Court. 3
3. Defendant has filed a second Rule 61 motion nearly identical to
his 2007 motion which was denied both by this court and the Supreme
Court. Given its repetitive nature this court will not “elaborate on the
1 Bunting v. State, 860 A.2d 809 (Del. 2005) (TABLE).
2 State v. Bunting, 2007 WL 2306954, at *2-3 (Del. Super. Aug. 10, 2007).
3 Bunting, 860 A.2d 809.
reasons for its decision beyond what is necessary to allow review by the
Supreme Court.” 4
4. Defendant’s motion is procedurally barred by Criminal Rule
61(i) because it is untimely and because his substantive arguments have
previously been presented and denied. Defendant has not brought to the
court’s attention any exceptions to those procedural bars which are
applicable here.
Wherefore, Defendant’s second Rule 61 motion is SUMMARILY
DISMISSED.
Dated: November 21, 2014 John A. Parkins, Jr.
Superior Court Judge
oc: Prothonotary
cc: Brian J. Robertson, Esquire, Department of Justice, Wilmington,
Delaware
Tyrone E. Bunting, SBI 167699, JTVCC, Smyrna, Delaware
4 State v. Anderson, 2014 WL 5169321, at *2 (Del. Super. Oct. 10, 2014) (citing Brown
v. State, 2014 WL 4264923, at *3 (Del. Aug. 28, 2014).
2