Supreme Court of Delaware
Smith v. State
September 26, 2017
Summary
The Court affirmed the Superior Court’s denial of Smith’s motion to correct an illegal sentence because the asserted claim was controlled by settled Delaware law that Smith should have discovered through due diligence. The Court also denied Smith’s in forma pauperis motion nunc pro tunc after finding that its sworn certifications were false, and continued the filing restrictions previously imposed on him. The Court directed the Clerk to reject future appeals or writ petitions unless accompanied by the filing fee or a properly granted in forma pauperis motion.