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