Wilkinson v. State

IN THE SUPREME COURT OF THE STATE OF DELAWARE DAMIEN WILKINSON, § § Defendant Below, § No. 74, 2022 Appellant, § § Court Below—Superior Court v. § of the State of Delaware § STATE OF DELAWARE, § Cr. ID No. 0806022824 (N) § Appellee. § Submitted: May 12, 2022 Decided: July 18, 2022 Before SEITZ, Chief Justice; VALIHURA and VAUGHN, Justices. ORDER After careful consideration of the appellant’s opening brief, the appellee’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 denying the appellant’s fourth motion for postconviction relief. The appellant has not pleaded with particularity new evidence of actual innocence or that a new, retroactive rule of constitutional law renders his convictions invalid.1 Nor has he asserted any claim that the Superior Court lacked jurisdiction. 2 1 Del. Super. Ct. Crim. R. 61(d)(2). 2 Del. Super. Ct. Crim. R. 61(i)(5). NOW, THEREFORE, IT IS ORDERED that motion to affirm is GRANTED and the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Karen L. Valihura Justice 2