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6 Delaware opinions name it 2 courts 1991–2025 2 in the last five years
The cases below were cited by Delaware courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Bailey v. Stategreen2 sentences2025DISCUSSION “The first inquiry in any analysis of a post-conviction relief claim is whether the petition meets the procedural requirements of Rule 61.” 14 Rule 61(i)(1) “timing requirement” states that a “motion for postconviction relief may not be filed more than one year after the judgment of conviction is final.” When does a conviction become “final” for purposes of commencing the one-year clock to time a Rule 61 motion? 13 State v. Ayers (ID No. 1710003395), D.I. 158 Letter from Ct. to Def. at 1 (Mar. 17, 2022). 14 Bailey v. State, 588 A.2d 1121, 1127 (Del. 1991) (citing Flamer v. State, 58 2024In addition, the Court notes that as part of El-Abbadi’s guilty plea, he signed a Truth- 19 See Bailey v. State, 588 A.2d 1121, 1127 (Del. 1991) (“The first inquiry in any analysis of a post-conviction relief claim is whether the petition meets the procedural requirement of Rule 61.”). 20 El-Abbadi filed this Motion within one year after his judgment of conviction was final. 21 Super. | 5 | 5 |
Flamer v. Stategreen2 sentences2025DISCUSSION “The first inquiry in any analysis of a post-conviction relief claim is whether the petition meets the procedural requirements of Rule 61.” 14 Rule 61(i)(1) “timing requirement” states that a “motion for postconviction relief may not be filed more than one year after the judgment of conviction is final.” When does a conviction become “final” for purposes of commencing the one-year clock to time a Rule 61 motion? 13 State v. Ayers (ID No. 1710003395), D.I. 158 Letter from Ct. to Def. at 1 (Mar. 17, 2022). 14 Bailey v. State, 588 A.2d 1121, 1127 (Del. 1991) (citing Flamer v. State, 58 1991See Flamer, 585 A.2d at 747 ; Younger v. State, Del.Supr., 580 A.2d 552, 554 (1990). | 2 | 2 |
Younger v. Stategreen2 sentences2015For purposes of this rule, where a defendant files a direct appeal, the judgment of conviction becomes final when the Delaware Supreme Court issues a 7 See Bailey v. State, 588 A.2d 1121, 1127 (Del. 1991) (“The first inquiry in any analysis of a post-conviction relief claim is whether the petition meets the procedural requirements of Rule 61.”) See also Younger v. State, 580 A.2d 552, 554 (Del. 1990). 8 Super. 1991See Flamer, 585 A.2d at 747 ; Younger v. State, Del.Supr., 580 A.2d 552, 554 (1990). | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Delaware. Read the followed side critically anyway. | ||
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.