Supreme Court of Delaware

Lindsey v. State

November 28, 2023

Summary

The Court affirmed dismissal of Shah’s thirteenth postconviction motion as procedurally barred because he pleaded guilty but mentally ill and did not satisfy the exception for a successive motion based on a new retroactive constitutional rule. The Court held that the prior decision concerning withdrawal of a guilty-but-mentally-ill plea did not apply because Shah’s plea was accepted during the plea colloquy, counsel later pursued withdrawal on his behalf, and the Superior Court rejected that request on the merits. The Court also rejected Shah’s claim that noncompliance with the statutory guilty-but-mentally-ill procedure deprived the Superior Court of jurisdiction.