Shelley v. State

Summary

The Supreme Court of Delaware affirmed the denial of Shelley’s Rule 35 motion to vacate his sentence. The court held that Shelley’s appellate arguments were not preserved because he did not present them to the Superior Court, and that, in any event, his motion was untimely and he failed to establish extraordinary circumstances excusing the delay. The court also found that the sentencing record undermined Shelley’s claim that he was unaware of his right to appeal.