Supreme Court of Delaware

Smith v. State

January 27, 2023

Summary

The Supreme Court of Delaware affirmed the denial of Shirley Smith’s motion to modify her sentence. It held that the Superior Court did not abuse its discretion because the motion was filed well beyond Rule 35(b)’s ninety-day deadline and Smith did not establish extraordinary circumstances. The court also noted that Smith’s ineffective-assistance and proportionality arguments were not presented below and therefore need not be considered on appeal.