Supreme Court of Delaware

Brice v. State

August 28, 2015

Summary

The Supreme Court of Delaware affirmed the summary denial of Brice's first postconviction motion because it was filed more than one year after his conviction became final. The court held that Brice neither alleged a jurisdictional defect nor pleaded particularized facts satisfying the exceptions for actual innocence based on newly discovered evidence or a retroactive constitutional rule. The court therefore affirmed on the alternative ground that the motion was procedurally barred.