Supreme Court of Delaware
Johnson v. State
September 18, 2020
Summary
The Supreme Court of Delaware affirmed the denial of Johnson’s untimely and repetitive motion to modify his sentence based on medical conditions and potential exposure to COVID-19. The court held that medical sentence modifications must proceed through the statutory mechanism requiring a Department of Correction application and certification, and that Rule 35(b) contains no exception to its repetitive-motion bar. The court also declined to consider Johnson’s claim that other Superior Court rulings were inconsistent because he had not raised it below and had not provided enough information to evaluate it.