Supreme Court of Delaware

Alley v. State

November 13, 2015

Summary

The Court affirmed the Superior Court’s denial of Alley’s motion to reopen his 2008 criminal judgment. It held that Civil Rule 60(b) cannot be used to reopen a criminal judgment and that Criminal Rule 61 is the exclusive vehicle for challenging the conviction. Because Alley was no longer in custody on the convictions, he lacked standing to seek Rule 61 relief, and the Court upheld the requirement that future requests concerning those convictions receive prior judicial approval.