Supreme Court of Delaware

Johnson v. State

April 21, 2015

Summary

The Supreme Court of Delaware affirmed the denial of Derrick Johnson's request for sentence modification. It held that the Superior Court properly treated his Rule 60(b) motions as repetitive Rule 35(b) motions and summarily denied them as untimely because Johnson showed no applicable exception. The juvenile-sentencing authorities he invoked did not apply because he was nineteen when he committed the homicide and his sentence included the possibility of parole.