Supreme Court of Delaware

Phillips v. State

September 16, 2014

Summary

The Delaware Supreme Court affirmed the summary dismissal of Phillips’s second postconviction motion. His claims were untimely and repetitive under Rule 61, and he failed to establish a miscarriage of justice or interest-of-justice exception because he could not show that the proposed affirmative defense likely would have succeeded or that he would have rejected the guilty plea. No separate opinions were filed.