Supreme Court of Delaware

Merritt v. State

November 5, 2018

Summary

The Supreme Court of Delaware affirmed the summary dismissal of David Merritt’s second postconviction motion. The court held that Merritt’s claims did not satisfy either exception permitting review of a successive motion because he identified no new constitutional rule, the proposed eyewitness evidence was already presented at trial, and that evidence did not create a strong inference of actual innocence. No separate opinions were filed.