Supreme Court of Delaware

Franks v. State

October 17, 2023

Summary

The Supreme Court of Delaware affirmed the summary dismissal of Franks’s ninth postconviction motion. It held that the FBI hair-comparison report was neither new evidence nor evidence of actual innocence because it had long been available to the defense and was consistent with Franks’s trial testimony. The Court also held that Franks’s sentence was not illegal and therefore was not exempt from Rule 61’s procedural bars.