Supreme Court of Delaware

Winn v. State

March 30, 2015

Summary

The Supreme Court of Delaware affirmed the summary dismissal of Winn’s first postconviction motion as untimely and procedurally barred. The court held that a noncompliant motion returned by the Superior Court did not preserve the filing date for a later Rule 61 motion or trigger appointment-of-counsel rights. It also held that the Superior Court did not abuse its discretion by declining to consider the merits of Winn’s Fourth Amendment claim, which was both improperly presented and formerly adjudicated.