Gilmore v. State

Summary

The Supreme Court of Delaware affirmed the denial of Gilmore’s first postconviction motion. It held that his challenges to the legality of his sentences were not cognizable under the applicable postconviction rule and, in any event, were untimely and did not satisfy an exception to the procedural bar. The Court also concluded that the sentencing claims would fail on the merits because the drug offenses supported separate punishments and the enhanced sentence for a seventh DUI conviction was authorized when imposed.