Carrigan v. State ( 2019 )


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  •           IN THE SUPREME COURT OF THE STATE OF DELAWARE
    BRANDON M. CARRIGAN,                      §
    §
    Defendant Below,                      §   No. 19, 2019
    Appellant,                            §
    §   Court Below—Superior Court
    v.                                    §   of the State of Delaware
    §
    STATE OF DELAWARE,                        §   Cr. ID Nos. 1109008434 &
    §   1503000827 (N)
    Plaintiff Below,                      §
    Appellee.                             §
    Submitted: May 13, 2019
    Decided: July 19, 2019
    Before STRINE, Chief Justice; VALIHURA and TRAYNOR, 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 Superior Court’s
    order, dated December 13, 2018, adopting the Commissioner’s report and
    recommendation, dated August 21, 2018, and summarily dismissing the second
    motion for postconviction relief should be affirmed.1 Carrigan was not convicted
    after trial, he did not satisfy the requirements of Superior Court Criminal Rule
    61(d)(2),2 and his claims were meritless. The Superior Court did not err in denying
    1
    State v. Carrigan, 
    2018 WL 6601174
    (Del. Super. Ct. Dec. 13, 2018).
    2
    Del. Super. Ct. Crim. R. 61(d)(2) (providing that a second or subsequent Rule 61 motion “shall
    be summarily dismissed, unless the movant was convicted after a trial and the motion” pleads with
    particularity new evidence creating a strong inference that the movant was actually innocent or a
    new rule of constitutional law made retroactive to cases on collateral review).
    Carrigan’s motion for appointment of counsel and in summarily dismissing the
    postconviction motion.
    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/ Leo E. Strine, Jr.
    Chief Justice
    2
    

Document Info

Docket Number: 19, 2019

Judges: Strine C.J.

Filed Date: 7/19/2019

Precedential Status: Precedential

Modified Date: 7/22/2019