IN THE SUPREME COURT OF THE STATE OF DELAWARE
DARNELL O. PIERCE, §
§ No. 271, 2015
Defendant Below- §
Appellant, §
§
v. § Court Below—Superior Court
§ of the State of Delaware,
STATE OF DELAWARE, § in and for Kent County
§ Cr. ID 0503002489A
Plaintiff Below- §
Appellee. §
Submitted: July 17, 2015
Decided: September 21, 2015
Before STRINE, Chief Justice; HOLLAND, and SEITZ, Justices.
ORDER
This 21st day of September 2015, after careful consideration of the opening
brief, the State’s motion to affirm, and the record on appeal, we find it manifest
that the judgment below should be affirmed on the basis of the Superior Court’s
May 1, 2015 order. The Superior Court did not err in concluding that Darnell
Pierce’s first motion for postconviction relief, which was filed more than six years
after this Court issued the mandate on his direct appeal, 1 was untimely and subject
to summary dismissal. Contrary to Pierce’s assertion, merely alleging ineffective
assistance of counsel is insufficient to excuse the time bar in every case. 2 In this
case, Pierce’s motion failed to assert any colorable claim of a miscarriage of justice
1
Pierce v. State, 2007 WL 3301027 (Del. Nov. 8, 2007).
2
Foster v. State, 2012 WL 562825 (Del. Feb. 21, 2012).
under former Superior Court Rule 61(i)(5) sufficient to overcome the one-year
procedural bar. Under the circumstances, we also find no abuse of the Superior
Court’s discretion in denying Pierce’s motion for the appointment of counsel.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior
Court is AFFIRMED.
BY THE COURT:
/s/ Collins J. Seitz, Jr.
Justice
2