Merritt v. State

Summary

The Court affirmed the denial of Merritt's request for a Section 408 hearing because the Superior Court properly treated the request to set aside his guilty-but-mentally-ill plea as a postconviction motion subject to Rule 61's procedural restrictions. Merritt's successive motion was barred because he was not convicted after a jury trial, and the mental-health evaluation he identified was neither new evidence nor evidence of actual innocence. Any challenge asserting that the sentence was imposed in an illegal manner was also untimely under Rule 35. No separate opinions were filed.