Supreme Court of Delaware

Wilmer v. State

June 16, 2015

Summary

The Supreme Court of Delaware affirmed the denial of Wilmer's Rule 35(b) motion for reduction of sentence. It held that his claims, which attacked the legality of his conviction and alleged ineffective assistance and prosecutorial misconduct, were postconviction claims that had to be brought under Rule 61 rather than through a sentence-reduction motion. The appeal was also meritless because Wilmer could not evade the applicable procedural limits by changing the Superior Court rule invoked.