IN THE SUPREME COURT OF THE STATE OF DELAWARE
RAYMOND WOOD, SR., §
§
Defendant Below- § No. 224, 2015
Appellant, §
§
v. § Court Below—Superior Court
§ of the State of Delaware,
STATE OF DELAWARE, § in and for Sussex County
§ Cr. ID 1304026601
Plaintiff Below- §
Appellee. §
Submitted: July 27, 2015
Decided: September 10, 2015
Corrected: October 8, 2015
Before STRINE, Chief Justice; VAUGHN, and SEITZ, Justices.
ORDER
This 8th day of October 2015, after careful consideration of appellant
Raymond Wood’s opening brief and the State’s motion to affirm, we find it
manifest that the judgment below denying Wood’s motion for
postconviction relief as untimely under Superior Court Criminal Rule
61(i)(1) should be affirmed. Wood’s untimely motion failed to overcome the
procedural hurdle of Rule 61(i)(1) because it failed to plead with
particularity a claim that (i) new evidence exists that creates a strong
inference that Wood is actually innocent; or (ii) a new rule of constitutional
law made retroactive to cases on collateral review renders Wood’s
convictions invalid. 1
NOW, THEREFORE, IT IS ORDERED that the judgment of the
Superior Court is AFFIRMED.
BY THE COURT:
/s/ Collins J. Seitz, Jr.
Justice
1
Del. Super. Ct. R. 61(d)(2), (i)(5) (effective June 4, 2014).
2