Full text
Jaquita TURNAGE, Below-Appellant v. STATE of Delaware, Below-Appellee
Opinions in this case
- Opinion
- Majority
Court Below: Superior Court of the State of Delaware, in and for Kent County Cr. ID No. 1307002341
AFFIRMED.
Loading…
Loading…
Opinion
2015 Del. LEXIS 579 · Supreme Court of Delaware · Nov 4, 2015
Full text
Jaquita TURNAGE, Below-Appellant v. STATE of Delaware, Below-Appellee
Opinions in this case
Superior Court of Delaware · Sep 16, 2022
Supreme Court of Delaware · Jun 17, 2021
Supreme Court of Delaware · Dec 3, 2020
Superior Court of Delaware · Jun 25, 2020
Superior Court of Delaware · Feb 19, 2020
Superior Court of Delaware · Nov 4, 2019
Supreme Court of Delaware · Aug 27, 2019
Parentheticals
concluding that even if defendant’s OCME-related claims were not procedurally barred under Rule 61, those claims were without substantive merit under Ira Brown v. State, 108 A.3d 1201 (Del. 2015) and Aricidiacono v. State, 125 A.3d 677 (Del. 2015)
holding “amended Rule 61 provides more due process and access to the courts than is constitutionally required”
holding in part that the defendant’s Rule 61 motion, which was filed after the rule was amended on June 4, 2014, was 3 (6
noting that, because the United States Supreme Court has held that states have no obligation to provide defendants with a process for postconviction review, “Rule 61 provides more due process and access to the courts than is constitutionally required.”
applying amended Rule 61 to postconviction motion filed almost a year after Rule 61 was amended
relying on Turnage to reject the petitioner’s argument that amended Rule 61 placed unconstitutional limits on his right to court access and violates due process
holding in part that the defendant’s Rule 61 motion, which was filed after the rule was amended on June 4, 2014, was untimely under Rule 61(i)(1) and the defendant failed to overcome the procedural bar by pleading a claim under Rule 61(i)(5)