IN THE SUPREME COURT OF THE STATE OF DELAWARE
WILLIAM F. BURRIS, §
§ No. 456, 2018
Defendant Below, §
Appellant, § Court Below: Superior Court
§ of the State of Delaware
v. §
§ Cr. ID No. 92K01637DI
STATE OF DELAWARE, §
§
Plaintiff Below, §
Appellee. §
Submitted: September 26, 2018
Decided: December 13, 2018
Before VALIHURA, VAUGHN, and SEITZ, Justices.
ORDER
Upon careful consideration of the appellant’s opening brief, the State’s motion
to affirm, and the record, we affirm the Superior Court’s summary dismissal of the
appellant’s motion for postconviction relief under Superior Court Criminal Rule 61.
The belated motion, filed more than twenty years after the appellant’s convictions
became final, was based on a flawed legal premise that the appellant’s sentence
violated the prohibition against double jeopardy because he was sentenced in
Maryland for similar conduct.*
*
See Petition of Hovey, 545 A.2d 626, 629 (Del. 1988) (“The United States Supreme Court has
recognized that separate jurisdictions may prosecute and punish violations in their respective
jurisdictions.” (citing cases)).
NOW, THEREFORE, IT IS ORDERED that the State’s motion to affirm is
GRANTED. The judgment of the Superior Court is AFFIRMED.
BY THE COURT:
/s/ James T. Vaughn, Jr.
Justice
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