IN THE SUPREME COURT OF THE STATE OF DELAWARE
DAVID BUCHANAN, §
§
Defendant Below- § No. 545, 2014
Appellant, §
§
v. § Court Below—Superior Court
§ of the State of Delaware,
STATE OF DELAWARE, § in and for Sussex County
§ Cr. ID 0801031784
Plaintiff Below- §
Appellee. §
Submitted: October 8, 2014
Decided: November 21, 2014
Before STRINE, Chief Justice, RIDGELY, and VALIHURA, Justices.
ORDER
This 21st day of November 2014, after careful consideration of appellant David
Buchanan’s opening brief and the State’s motion to affirm, we find it manifest that
the judgment below should be affirmed on the basis of the Superior Court=s well-
reasoned decision dated September 16, 2014. The Superior Court did not err in
summarily dismissing Buchanan’s fourth 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 Buchanan is actually innocent; or (ii) a new rule of
constitutional law made retroactive to cases on collateral review renders his
convictions invalid. 1
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Del. Super. Ct. R. 61(d)(2) (effective June 4, 2014).
As the Superior Court noted, Buchanan’s petition restates the same arguments
that he has raised in prior petitions. We have invested considerable time detailing the
reasons why these claims are barred. We will not continue to invest scarce judicial
resources to address his untimely, repetitive, previously adjudicated claims. We
encourage Buchanan to be mindful of Rule 61(j) before filing any further frivolous
petitions in the Superior Court.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior
Court is AFFIRMED.
BY THE COURT:
/s/ Karen L. Valihura
Justice
2