IN THE SUPREME COURT OF THE STATE OF DELAWARE
JEFFREY W. THOMAS, §
§
Defendant Below, § No. 110, 2021
Appellant, §
§ Court Below—Superior Court
v. § of the State of Delaware
§
STATE OF DELAWARE, § Cr. ID No. 1403008516 (K)
§
Plaintiff Below, §
Appellee. §
Submitted: June 17, 2021
Decided: July 12, 2021
Before SEITZ, Chief Justice; VALIHURA and MONTGOMERY-REEVES,
Justices.
ORDER
After careful consideration of the appellant’s opening brief, the State’s motion
to affirm, and the record on appeal, we conclude that the judgment below should be
affirmed on the basis of the Superior Court’s order, dated March 26, 2021, denying
the appellant’s third motion for postconviction relief as procedurally barred. The
appellant has not pleaded any circumstances under Rule 61(d)(2)(i) or (d)(2)(ii) that
overcome the procedural bars set forth in Rule 61,1 nor does he claim that the
Superior Court lacked jurisdiction.2
1
DEL. SUPER. CT. CRIM. R. 61(i).
2
Id. R. 61(i)(5).
NOW, THEREFORE, IT IS ORDERED that the motion to affirm is
GRANTED and the judgment of the Superior Court is AFFIRMED.
BY THE COURT:
/s/ Collins J. Seitz, Jr.
Chief Justice
2