Younger v. State, 580 A.2d 552 (Del. 1990). · Go Syfert
Younger v. State, 580 A.2d 552 (Del. 1990). Cases Citing This Book View Copy Cite
1,332 citation events (1,261 in the last 25 years) across 4 distinct courts.
Strongest positive: State v. Hilton (delsuperct, 2025-06-18)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) State v. Hilton
Del. Super. Ct. · 2025 · quote attribution · 1 verbatim quote · confidence high
this court applies the rules governing procedural requirements before giving consideration to the merits of the underlying claim for postconviction relief.
discussed Cited as authority (verbatim quote) State v. Ayers
Del. Super. Ct. · 2025 · quote attribution · 1 verbatim quote · confidence high
this court applies the rules governing procedural requirements before giving consideration to the merits of the underlying claim for postconviction relief.
discussed Cited as authority (verbatim quote) State v. Desmond
Del. Super. Ct. · 2024 · quote attribution · 1 verbatim quote · confidence high
this court applies the rules governing procedural requirements before giving consideration to the merits of the underlying claim for postconviction relief.
discussed Cited as authority (verbatim quote) State v. Johnson
Del. Super. Ct. · 2024 · quote attribution · 1 verbatim quote · confidence high
this court applies the rules governing procedural requirements before giving consideration to the merits of the underlying claim for postconviction relief.
discussed Cited as authority (verbatim quote) State v. Arbolay
Del. Super. Ct. · 2023 · quote attribution · 1 verbatim quote · confidence high
this court applies the rules governing procedural requirements before giving consideration to the merits of the underlying claim for postconviction relief.
discussed Cited as authority (verbatim quote) State v. Wright
Del. Super. Ct. · 2023 · quote attribution · 1 verbatim quote · confidence high
it is well-settled that the superior court ... must address the procedural requirements of rule 61 before considering the merits of motion.
discussed Cited as authority (verbatim quote) State v. Matthews
Del. Super. Ct. · 2023 · quote attribution · 1 verbatim quote · confidence high
this court applies the rules governing procedural requirements before giving consideration to the merits of the underlying claim for postconviction relief.
discussed Cited as authority (verbatim quote) Taylor v. State
Del. · 2018 · quote attribution · 1 verbatim quote · confidence high
this court applies the rules governing procedural requirements before giving consideration to the merits of the underlying claim for postconviction relief.
examined Cited as authority (verbatim quote) State v. Cabrera, Jr. (3×) also: Cited as authority (rule), Cited "see, e.g."
Del. Super. Ct. · 2015 · quote attribution · 1 verbatim quote · confidence high
n a postconviction proceeding, the petitioner has the burden of proof and must show that he has been deprived of a substantial constitutional right before he is entitled to any relief.
examined Cited as authority (verbatim quote) State of Delaware v. Cabrera. (3×) also: Cited as authority (rule), Cited "see, e.g."
Del. Super. Ct. · 2015 · quote attribution · 1 verbatim quote · confidence high
n a postconviction proceeding, the petitioner has the burden of proof and must show that he has been deprived of a substantial constitutional right before he is entitled to any relief.
discussed Cited as authority (verbatim quote) State of Delaware v. Collins.
Del. Super. Ct. · 2015 · quote attribution · 1 verbatim quote · confidence high
this court applies the rules of procedural requirements before giving consideration to the merits of the underlying claim for post conviction relief.
discussed Cited as authority (verbatim quote) State of Delaware v. Islam. (2×) also: Cited as authority (rule)
Del. Super. Ct. · 2014 · quote attribution · 1 verbatim quote · confidence high
has made no concrete allegations of "cause" . . . and thus, does not substantiate to any degree such a claim.
discussed Cited as authority (verbatim quote) State of Delaware v. Guess.
Del. Super. Ct. · 2014 · quote attribution · 1 verbatim quote · confidence high
this court applies the rules governing procedural requirements before giving consideration to the merits of the underlying claim for postconviction relief.
discussed Cited as authority (verbatim quote) State of Delaware v. Dillard. (2×) also: Cited as authority (rule)
Del. Super. Ct. · 2014 · quote attribution · 1 verbatim quote · confidence high
has made no concrete allegations of "cause" . . . and thus, does not substantiate to any degree such a claim.
discussed Cited as authority (quoted) State of Delaware v. Jackson.
Del. Super. Ct. · 2014 · quote attribution · 1 verbatim quote · confidence low
this court applies the rules governing procedural requirements before giving consideration to the merits of the underlying claim for postconviction relief.
discussed Cited as authority (rule) Coleman v. State
Del. · 2026 · confidence medium
This appeal followed. (5) We review the Superior Court’s denial of a motion for postconviction relief for abuse of discretion.3 We review constitutional claims, including claims of ineffective assistance, de novo. 4 The Court considers the procedural requirements of Rule 61 before addressing any substantive issues, 5 but most claims of ineffective assistance raised in a timely postconviction motion are not procedurally barred. 6 On appeal, Coleman argues that his trial and appellate counsel were ineffective in their handling of the accomplice-liability instruction and that his trial counsel …
discussed Cited as authority (rule) State v. O'Neal
Del. Super. Ct. · 2026 · confidence medium
A defendant must make concrete allegations of ineffective assistance, and substantiate them, or risk summary dismissal.43 Deference is given to defense counsel’s judgment to promote stability in the process.44 To overcome the strong presumption that trial counsel provided competent representation, a defendant must demonstrate that “counsel failed to act reasonabl[y] considering all the circumstances” and that the alleged unreasonable performance prejudiced the defense.45 The essential question is whether counsel made mistakes so crucial that they were not functioning at the level guarant…
cited Cited as authority (rule) State v. Sawyer
Del. Super. Ct. · 2026 · confidence medium
Ct. Aug. 28, 2023) (citing Younger v. State, 580 A.2d 552, 554 (Del. 1990)). 35 Younger, 580 A.2d at 552 . 36 Del.
discussed Cited as authority (rule) State v. El-Abbadi (2×)
Del. Super. Ct. · 2026 · confidence medium
Jan. 2, 2025) (internal citations omitted). 44 Id. (citing Strickland, 466 U.S. at 690 ). 45 Younger v. State, 580 A.2d 552, 556 (Del. 1990). 46 State v. Fithian, 2016 WL 3131442 at * 3 (Del.
discussed Cited as authority (rule) State v. Tenaglia
Del. Super. Ct. · 2026 · confidence medium
R. 61(a)(1). 7 sentence.41 “Rule 61 is intended to correct errors in the trial process, not allow defendants unlimited opportunities to relitigate their convictions.”42 Given that intent, before considering the merits of any claims for postconviction relief, the Court must first determine whether there are any procedural bars to Defendant’s postconviction motion.43 Rule 61(i) establishes four procedural bars to postconviction relief.44 Rule 61(i)(1) prohibits the Court from considering a motion for postconviction relief unless it is filed within one year after the judgment of conviction …
discussed Cited as authority (rule) State v. Fry
Del. Super. Ct. · 2026 · confidence medium
Before addressing the merits of a defendant’s motion for postconviction relief, the Court must first apply the procedural bars of Superior Court Criminal Rule 61(i).9 If a procedural bar exists, then the Court will not consider the merits of the postconviction claim. 10 Under Delaware Superior Court Rules of Criminal Procedure, a motion for post-conviction relief can be barred for time limitations, successive motions, procedural default, or former adjudication.11 A motion exceeds time limitations if it is filed more than one year after the conviction becomes final, or, if it asserts a retroa…
discussed Cited as authority (rule) State v. Wiliams (2×)
Del. Super. Ct. · 2026 · confidence medium
In order to prevail on an ineffective assistance of counsel claim, a defendant must show: (1) “that counsel’s representation fell below an objective standard of reasonableness,” and (2) “that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” 54 A (i) Pleads with particularity that new evidence exists which creates a strong inference that the movant is actually innocent in fact of the acts underlying the charges of which he was convicted; or (ii) Pleads with particularity a claim that a new rule …
discussed Cited as authority (rule) State v. McDougal (2×)
Del. Super. Ct. · 2026 · confidence medium
R. 61(a)(1). 47 Harris v. State, 410 A.2d 500 (Del. 1970). 48 Ploof v. State, 75 A.3d 811, 820 (Del. 2013). 49 Younger v. State, 580 A.2d 552, 554 (Del. 1990). 7 procedural bars for postconviction relief.50 Rule 61(i)(1) requires that a motion for postconviction relief must be filed within one year of the date when the conviction becomes final.51 Rule 61(m) provides that a judgment of conviction is final for purposes of Rule 61(i) thirty (30) days after the Court imposes sentence if the defendant does not file a direct appeal, and (ii) if the defendant files a direct appeal, when the Supreme C…
discussed Cited as authority (rule) State v. Bordley
Del. Super. Ct. · 2026 · confidence medium
As he asserts claims of ineffective assistance of counsel, his claims are not barred by Rule 61(i)(3). 97 Younger v. State, 580 A.2d 552, 554 (Del. 1990). 98 State v. Stanford, 2017 WL 2484588 , at *2 (Del.
discussed Cited as authority (rule) State v. Cosme
Del. Super. Ct. · 2026 · confidence medium
Cosme’s statements in the Truth in Sentencing Guilty Plea Form and during his colloquy with the Court are presumed to be truthful.26 Further, absent clear and convincing evidence that his statements were not made knowingly, voluntarily and intelligently, Cosme is bound by them. 27 Collectively, he stated that no one forced him to enter the plea and that he was doing it freely and 24 Younger v. State, 580 A.2d 552, 554 (Del. 1990). 25 Id. 26 Somerville v. State, 703 A.2d 629, 632 (Del. 1997). 27 Hammons v. State, 2005 WL 2414271 at *1 (Del.
discussed Cited as authority (rule) State v. Harper
Del. Super. Ct. · 2026 · confidence medium
Ct. Crim R. 61(a)(1). 24 Maxion v. State 686 A.2.d 148, 150 (Del. 1996) (citing Younger v. State, 580 A.2d 552, 554 (Del. 1990)). 25 Super Ct. Crim R. 61(i)(1). 6 (2) repetitive;26 (3) procedurally defaulted;27 or (4) formerly adjudicated.28 “Absent extraordinary circumstances, an ineffective-assistance-of-counsel claim cannot be asserted in the proceedings leading to a judgment of conviction.”29 Harper’s motion is timely, and none of Rule 61’s procedural bars preclude consideration for his ineffective assistance of counsel claims.
discussed Cited as authority (rule) State v. Holmes
Del. Super. Ct. · 2026 · confidence medium
Before addressing the merits of a postconviction motion, the Court must apply the procedural bars of Superior Court Criminal Rule 61(i). 45 The finding 44F of a procedural bar precludes a reviewing court from addressing the merits of a postconviction claim, to “protect the procedural integrity” of the Court Rules. 46 A45F motion for postconviction relief can be procedurally barred as untimely, repetitive, 42 D.I. 116. 43 D.I. 116. 44 D.I. 116. 45 Younger v. State, 580 A.2d 552, 554 (Del. 1990). 46 State v. Page, 2009 WL 1141738 , at *13 (Del.
discussed Cited as authority (rule) State v. Sharp
Del. Super. Ct. · 2026 · confidence medium
R. 61(i)(5). 41 Younger v. State, 580 A.2d 552, 554 (Del. 1990). 42 Id. 9 his juror claim, were “asserted in the proceedings leading to the judgment of conviction.” All of them are barred as procedurally defaulted by Rule 61(i)(3).
discussed Cited as authority (rule) State v. Marks
Del. Super. Ct. · 2026 · confidence medium
Marks’ admissions at the plea colloquy that he and the victim were residing in the same home, that the victim was a minor, that he acted intentionally, and that he sexually assaulted the minor three or more times between November 1, 2022 to 4 Strickland v. Washington, 466 U.S. 668, 687-88, 694 (1984); Somerville v. State, 703 A.2d 629, 631 (Del. 1997); Premo v. Moore, 131 S.Ct. 733 , 739-744 (2011). 35 Oliver v. State, 2001 WL 1751246 (Del.). 36 Younger v. State, 580 A.2d 552, 556 (Del. 1990). 37 May 28, 2024 Plea Transcript, at pgs. 12-13.
discussed Cited as authority (rule) State v. Boyles
Del. Super. Ct. · 2026 · confidence medium
R. 61(a)(1). 7 sentence.35 “Rule 61 is intended to correct errors in the trial process, not allow defendants unlimited opportunities to relitigate their convictions.”36 Given that intent, before considering the merits of any claims for postconviction relief, the Court must first determine whether there are any procedural bars to Defendant’s postconviction motion.37 Rule 61(i) establishes four procedural bars to postconviction relief.38 Rule 61(i)(1) prohibits the Court from considering a motion for postconviction relief unless it is filed within one year after the judgment of conviction …
cited Cited as authority (rule) State v. Holmes
Del. Super. Ct. · 2026 · confidence medium
There is nothing presented in either Holmes’ instant motions to compel or for a stay that warrants a different finding. 38 Younger v. State, 580 A.2d 552, 554 (Del. 1990). 39 Super.
discussed Cited as authority (rule) State v. Williams (2×)
Del. Super. Ct. · 2026 · confidence medium
Aug. 7, 2024) (citing Younger v. State, 580 A.2d 552, 554 (Del. 1990)). 25 Bradley v. State, 135 A.3d 748 , 757–58 (Del. 2016). 26 Super.
discussed Cited as authority (rule) State v. McCurdy
Del. Super. Ct. · 2026 · confidence medium
This procedural bar also applies “even when ineffective assistance of counsel is asserted, unless the defendant successfully demonstrates that counsel was in fact ineffective and 27 Ayers v. State, 802 A.2d 278, 281 (Del.2002) (citing Younger v. State, 580 A.2d 552, 554 (Del. 1990)). 28 Bradley v. State, 135 A.3d 748 (Del. 2016); State v. Page, 2009 WL 1141738 , at*13 (Del.
discussed Cited as authority (rule) State v. Garcia-Vincente
Del. Super. Ct. · 2026 · confidence medium
Defendant filed the Motion on December 4, 2025, well before the one-year 1 Ayers v. State, 802 A.2d 278, 281 (Del.2002) (citing Younger v. State, 580 A.2d 552, 554 (Del. 1990). 2 Bradley v. State, 135 A.3d 748 (Del 2016); State v. Page, 2009 WL 1141738 , at*13 (Del.
discussed Cited as authority (rule) State v. Massey
Del. Super. Ct. · 2026 · confidence medium
ANALYSIS I first address the four procedural bars of Rule 61.1 If a procedural bar exists, as a general rule I will not address the merits of the postconviction claim. 2 A Rule 61 Motion can be barred for time limitations, successive motions, failure to raise 1 Ayers v. State, 802 A.2d 278, 281 (Del.2002) (citing Younger v. State, 580 A.2d 552, 554 (Del. 1990). 2 Bradley v. State, 135 A.3d 748 (Del 2016); State v. Page, 2009 WL 1141738 , at*13 (Del.
discussed Cited as authority (rule) State v. Rosas-Jose
Del. Super. Ct. · 2026 · confidence medium
I first address the four procedural bars of Rule 61.8 If a procedural bar exists, as a general rule I will not address the merits of the postconviction claim.9 A Rule 61 Motion can be barred for time limitations, successive motions, failure to raise claims below, or former adjudication.10 First, a motion for postconviction relief exceeds time limitations if it is filed more than one year after the judgment of conviction is final.11 In your case, the judgment of conviction became final when the Supreme Court issued its mandate or 8 Ayers v. State, 802 A.2d 278, 281 (Del.2002) (citing Younger v.…
discussed Cited as authority (rule) State v. Miller
Del. Super. Ct. · 2025 · confidence medium
Ct. Aug. 28, 2023) (citing Younger v. State, 580 A.2d 552, 554 (Del. 1990)). 86 Younger, 580 A.2d at 552 . 14 First, a Rule 61 Motion “may not be filed more than one year after the judgment of conviction is final.” 87 In the case that a defendant files a direct appeal, a final judgement of conviction occurs “when the Supreme Court issues a mandate or order finally determining the case on direct review.”88 The period does not begin to run until the date that the court hearing direct appeal issues an order or mandate. 89 The Delaware Supreme Court issued a decision from Miller’s direct…
discussed Cited as authority (rule) State v. Newman
Del. Super. Ct. · 2025 · confidence medium
A motion exceeds time 9 D.I. 67. 10 D.I. 68. 11 602 U.S. 821 (2024). 12 Younger v. State, 580 A.2d 552, 554 (Del. 1990). 13 Id. 3 limitations if it is filed more than one year after the conviction becomes final or if it asserts a newly recognized, retroactively applied right more than one year after it was first recognized. 14 A second or subsequent motion is repetitive and therefore barred.15 The Court considers a repetitive motion only if the movant was convicted at trial and the motion pleads with particularity either: (1) actual innocence; 16 or (2) the application of a newly recognized, r…
cited Cited as authority (rule) State v. Watson
Del. Super. Ct. · 2025 · confidence medium
Ct. Aug. 28, 2023) (citing Younger v. State, 580 A.2d 552, 554 (Del. 1990)). 9 Younger, 580 A.2d at 552 . 10 Super.
discussed Cited as authority (rule) State v. Demby
Del. Super. Ct. · 2025 · confidence medium
The first element of an ineffective assistance of counsel claim requires a showing that “counsel’s 9 Maxion v. State, 686 A.2d 148, 150 (Del. 1996) (citing Younger v. State, 580 A.2d 552, 554 (Del. 1990)). representation fell below an objective standard of reasonableness.”10 Because standby counsel did not represent the Defendant during trial, standby counsel could not have been ineffective. 10.
discussed Cited as authority (rule) State v. Norman
Del. Super. Ct. · 2025 · confidence medium
INEFFECTIVE ASSISTANCE OF COUNSEL In order to prevail on an ineffective assistance of counsel claim, a defendant must show: (1) “that counsel’s representation fell below an objective standard of 6 reasonableness,” and (2) “that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” 19 There is a strong presumption that counsel’s legal representation was competent and falls within the “wide range” of reasonable professional assistance.20 “The standard for judging counsel's representation is a …
discussed Cited as authority (rule) State v. McCurdy
Del. Super. Ct. · 2025 · confidence medium
His postconviction petition is timely. 27 Ayers v. State, 802 A.2d 278, 281 (Del.2002) (citing Younger v. State, 580 A.2d 552, 554 (Del. 1990)). 28 Bradley v. State, 135 A.3d 748 (Del. 2016); State v. Page, 2009 WL 1141738 , at*13 (Del.
cited Cited as authority (rule) State v. Hollingsworth
Del. Super. Ct. · 2025 · confidence medium
Ct. Dec. 16, 2016) (citing Younger v. State, 580 A.2d 552, 554 (Del. 1990)), aff’d Jones v. State, 2017 WL 4535974 , at *1 (Del.
cited Cited as authority (rule) State v. White
Del. Super. Ct. · 2025 · confidence medium
R. 61(a)(1). 15 Harris v. State, 410 A.2d 500 (Del. 1970). 16 Ploof v. State, 75 A.3d 811, 820 (Del. 2013). 17 Younger v. State, 580 A.2d 552, 554 (Del. 1990). 18 Super.
discussed Cited as authority (rule) State v. Vinson
Del. Super. Ct. · 2025 · confidence medium
My review of the facts of the case leads me to conclude that Counsel’s representation of Vinson was well 16 Mapp v. State, 1994 WL 91264 , at *2 (Del.Supr.) (citing Sullivan v. State, 636 A.2d 931, 937-938 (Del. 1994)). 17 Larson v. State, 1995 WL 389718 , at *2(Del.Supr.) (citing Younger v. State, 580 A.2d 552, 556 (Del. 1990)). 10 within the requirements of the Sixth Amendment and no prejudice has been demonstrated.
discussed Cited as authority (rule) State v. Bezarez
Del. Super. Ct. · 2025 · confidence medium
Before addressing the merits of a postconviction motion, the Court must examine whether any of the Rule 61 procedural bars apply. 49 A motion for postconviction relief can be procedurally barred as untimely, repetitive, for failing to raise a claim in the proceedings leading to the judgment of conviction, and for being formerly adjudicated.50 An applicable procedural bar precludes a reviewing court from addressing the merits of a Rule 61 claim, to “protect the procedural integrity” of the Court Rules. 51 48 D.I. 198, p. 20. 49 Younger v. State, 580 A.2d 552, 554 (Del. 1990). 50 Super.
discussed Cited as authority (rule) State v. Finney (2×)
Del. Super. Ct. · 2025 · confidence medium
R. 61(a)(1). 12 Constitutional infirmities in a conviction or sentence.92 “Rule 61 is intended to correct errors in the trial process, not allow defendants unlimited opportunities to relitigate their convictions.”93 Given that intent, before considering the merits of any claims for postconviction relief, the Court must first determine whether there are any procedural bars to the Rule 61 Motion.94 Rule 61(i) establishes four procedural bars to postconviction relief.95 Rule 61(i)(1) requires that a motion for postconviction relief must be filed within one year of a final judgement or convict…
discussed Cited as authority (rule) State v. Saavedra
Del. Super. Ct. · 2025 · confidence medium
Jan. 2, 2025) (internal citations omitted). 35 Id. (citing Strickland, 466 U.S. at 690 ). 36 Younger v. State, 580 A.2d 552, 556 (Del. 1990). 10 Deference is given to defense counsel’s judgment to promote stability in the process.37 To overcome the strong presumption that trial counsel provided competent representation, a defendant must demonstrate that “counsel failed to act reasonabl[y] considering all the circumstances” and that the alleged unreasonable performance prejudiced the defense.38 The essential question is whether counsel made mistakes so crucial that they were not functioni…
discussed Cited as authority (rule) State v. Edwards
Del. Super. Ct. · 2025 · confidence medium
Before addressing the merits of a defendant’s motion for postconviction relief, the Court must first apply the procedural bars of Superior Court Criminal Rule 61(i).11 If a procedural bar exists, then the Court will not consider the merits of the postconviction claim. 12 7 D.I. 45. 8 D.I. 51. 9 Id. 10 Id. 11 Younger v. State, 580 A.2d 552, 554 (Del. 1990). 12 Id. 3 4.
discussed Cited as authority (rule) State v. Pritchett
Del. Super. Ct. · 2025 · confidence medium
R. 61(a)(1). 25 Ploof v. State, 75 A.3d 811, 820 (Del. 2013). 26 Zebroski v. State, 12 A.3d 1115, 1120 (Del. 2010) (citation omitted). 27 Younger v. State, 580 A.2d 552, 554 (Del. 1990); Duffy v. State, 204 A.2d 113 (TABLE), 2019 WL 459982 (Del.
Retrieving the full opinion text from the archive…
Thomas B. YOUNGER, Defendant Below, Appellant,
v.
STATE of Delaware, Plaintiff Below, Appellee
Supreme Court of Delaware.
Jul 27, 1990.
580 A.2d 552
Thomas B. Younger, pro se., Richard E. Fairbanks, Jr., Chief of Appeals Div., Dept, of Justice, Wilmington, for the State.
Christie, Horsey, Holland.
Cited by 759 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 71%
Citer courts: Superior Court of Delaware (1)
CHRISTIE, Chief Justice:

The defendant, Thomas B. Younger, appeals pro se from the denial by the Superi- or Court of his fourth application for post-conviction relief. Because we find that Younger’s application for postconviction relief is procedurally barred pursuant to the provisions of Superior Court Criminal Rule 61(i), the Court will not address the merits of the issues contained in his motion, and we affirm the decision of the Superior Court.

[*553] In 1983, Younger was convicted after a Superior Court jury trial of two counts of rape in the first degree, one count of attempted rape in the first degree, and three counts of kidnapping in the first degree. The convictions arose from three separate incidents, close in time and locale, involving-attacks on three women on the streets of Wilmington in the early hours of the evening. In the first and second incidents, the jury found the defendant guilty of both rape and kidnapping. In the third incident, the victim, after being grabbed from behind, her mouth covered and her throat seized, was threatened with death. She was, however, able to break free and run to safety. In this incident, the defendant was found guilty of attempted rape and kidnapping. On direct appeal, in which defendant raised five issues, this Court affirmed all of defendant’s convictions. Younger v. State, Del.Supr., 496 A.2d 546 (1985).

Prior to this petition, Younger instituted three unsuccessful postconviction relief applications. Matter of Younger’s Petition for a Writ of Habeas Corpus, Del.Supr., No. 130, 1986, Moore, J. (May 7, 1986) [509 A.2d 95 (table) ] (ORDER); Matter of Younger’s Petition for a Writ of Certiorari, Del.Supr., No. 204, 1987, Moore, J. (June 25, 1987) [527 A.2d 1241 (table) ] (ORDER); Younger v. State, Del.Supr., No. 410, 1987, Holland, J. (Feb. 23, 1988) [539 A.2d 194 (table)] (ORDER). Defendant has also sought and been denied federal habeas corpus relief. Younger v. Redman, D.Del., No. 88-191-JRR, Roth, J. (June 27, 1989) (ORDER).

In his fourth application for postconviction relief in the Superior Court, Younger raised three issues. First, Younger contended that the evidence of restraint was insufficient to sustain his three convictions of kidnapping in the first degree. Secondly, Younger contended that his confession was coerced by police officers. Finally, Younger raised a claim of ineffective assistance of counsel at trial and on direct appeal.

The Superior Court summarily denied, without a hearing, Younger’s motion for postconviction relief. The court found the claim of a coerced confession to be procedurally barred, concluding that the issue had been previously raised and resolved against Younger on both direct appeal and in prior postconviction proceedings. The court rejected on the merits the insufficiency of evidence and ineffective assistance of counsel contentions. In rejecting Younger’s attack on his three kidnapping convictions, the court stated, “The evidence clearly indicates that you forcibly abducted two ladies off the street for the purpose of sexually abusing them. Even under the Weber case, that is sufficient to sustain a kidnapping conviction.” The court did not specifically refer to the third kidnapping conviction.

On appeal, this Court denied the State’s motion to affirm under Rule 25. Younger v. State, Del.Supr., No. 314, 1989, Holland, J., 1989 WL 207536 (Sept. 12, 1989) (ORDER). The Court also specifically directed the State, in its answering brief, to “address in particular, the sufficiency of the evidence to support Younger’s convictions for attempted rape and kidnapping. See Weber v. State, Del.Supr., 547 A.2d 948 (1988); Scott v. State, Del.Supr., 521 A.2d 235 (1987); Burton v. State, Del.Supr., 426 A.2d 829 (1981); Coleman v. State, Del.Supr. [562 A.2d 1171 (1989)]” (footnote omitted). In its subsequent briefing of the appeal, the State contended that all three of Younger’s claims were procedurally barred, but the State also pointed out that it had been foreclosed from raising this defense in the Superior Court because the Superior Court summarily denied Younger’s motion. The State also addressed the issues on the merits. This Court remanded the case to Superior Court to afford the State an opportunity to raise the procedural issue and asked the Superior Court to address the kidnapping charge as it related to the “third incident” which involved the attempted rape.

After addressing these issues, the Superior Court again denied Younger’s motion for postconviction relief, concluding that there was sufficient evidence of restraint to support the kidnapping charge under the standard set forth in the case of Weber v. State, Del.Supr., 547 A.2d 948 (1988). The[*554] court also concluded that Younger’s claims were time barred pursuant to the provisions of Superior Court Criminal Rule 61(i)(l). We agree with the Superior Court that Younger’s contentions are procedurally barred and, as a consequence, we will not address the merits of the issues contained in the motion for postconviction relief.

I.

Because Younger’s motion for post-conviction relief was filed after January 1, 1989 (specifically, on July 14, 1989), it is controlled by Superior Court Criminal Rule 61 which took effect on January 1, 1988 and became fully applicable on January 1, 1989. This Court applies the rules governing procedural requirements before giving consideration to the merits of the underlying claim for postconviction relief. See Harris v. Reed, 489 U.S. 255, 109 S.Ct. 1038, 1044, 103 L.Ed.2d 308 (1989).

Younger’s motion for postconviction relief is controlled by the time limitation provision of Superior Court Rule Gl(iXl). [1] Under this rule, a motion for postconviction relief may not be filed more than three years after a conviction has become final. On direct appeal, this Court affirmed Younger’s conviction on June 20, 1985. Younger v. State, Del.Supr., 496 A.2d 546 (1985). Younger filed his present motion on July 14, 1989, one and one-half years after Superior Court Criminal Rule 61 became effective and almost four years after his conviction was final. Accordingly, we find Younger’s motion for postconviction relief to be untimely under Superior Court Criminal Rule 61(i)(l).

Younger’s first contention on appeal is that there was insufficient evidence of restraint for the third kidnapping conviction which arose out of the attempted rape. He relies on the case of Weber v. State, Del. Supr., 547 A.2d 948 (1988), to support his contention. The Weber case was not decided until after Younger’s direct appeal and his first three motions for postconviction relief. However, the Weber case is merely a clarification of the case of Burton v. State, Del.Supr., 426 A.2d 829 (1981). Weber, 547 A.2d at 958-59. Since the Weber case applies principles which governed the earlier Burton decision, a ease decided before Younger’s trial took place, we hold that it is not a “new rule”. Therefore, it is unnecessary to reach the retroactivity test for cases on collateral review, see Teague v. Lane, 489 U.S. 288, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989), reh’g denied, — U.S. -, 109 S.Ct. 1771, 104 L.Ed.2d 206 (1989), or the “retroactively applicable right” provision of Superior Court Criminal Rule 61(i)(1). We find that the three-year time bar of Superior Court Criminal Rule 61(i)(1) is applicable to this case.

We must then address the remaining provisions of Rule 61 which, under appropriate circumstances, might cause this Court to review Younger’s contentions, despite the generally applicable time bar. It is clear to this Court that Younger had the opportunity to raise the insufficiency of evidence contention on direct appeal and in his prior motions for postconviction relief. Younger was required to include in his prior postconviction applications all grounds for relief which were available to him. Super.Ct.Crim.R. 61(b)(2). Since the Burton case was decided well in advance of Younger’s trial, his present insufficiency of evidence contention was available and was known, or should have been known, to Younger at the time of his first motion for postconviction relief. “It is well established that ‘where an appeal was taken from a conviction, the judgment of the reviewing court is res judicata as to all issues actually raised, and those that could have been presented, but were not are deemed waived.’ ” Teague, 489 U.S. at 297, 109 S.Ct. at 1068, 103 L.Ed.2d 334 (1989) (citing People v. Gaines, 105 Ill.2d[*555] 79, 85 Ill.Dec. 269, 274, 473 N.E.2d 868, 873 (1984), cert. denied, 471 U.S. 1131, 105 S.Ct. 2666, 86 L.Ed.2d 282 (1985)).

Under the circumstances, in order for Younger to raise the issue for the first time in his present petition, he is required to show that consideration of the claim is warranted “in the interests of justice,” Super.Ct.Crim.R. 61(i)(2), or that there was “a constitutional violation that undermined the fundamental legality, reliability, integrity or fairness of the proceedings ...” Super. Ct.Crim.R. 61(i)(5). Younger has failed to make such a showing under either of these provisions.

The fundamental fairness exception (as set forth in Superior Court Criminal Rule 61(i)(5)) is a narrow one and has been applied only in limited circumstances, such as when the right relied upon has been recognized for the first time after the direct appeal. Teague, 489 U.S. at 297-99, 109 S.Ct. at 1068, 103 L.Ed.2d 334; People v. Ikerd, 47 Ill.2d 211, 265 N.E.2d 120, 121 (1970). We have already ruled that the Weber case, upon which Younger relies, was not a “new rule” for the purposes of retroactive application. Further, in a post-conviction proceeding, the petitioner has the burden of proof and must show that he has been deprived of a substantial constitutional right before he is entitled to any relief. See Gaines, 85 Ill.Dec. at 278, 473 N.E.2d at 877. In this case, Younger has failed to make a showing of constitutional deprivation. He has made no showing that the interests of justice require us to review the merits of his contention. Under the circumstances, we rule that his contention as to the insufficiency of evidence is procedurally barred.

Younger’s ineffective assistance of counsel contention is likewise untimely and procedurally barred under Superior Court Criminal Rule 61(i)(1). He contends that his attorney on direct appeal was ineffective because she did not raise his insufficiency of evidence contention at the time of direct appeal. Again, Younger was required to include in his prior postconviction applications all grounds for relief which were available to him. Super.Ct.Crim.R. 61(b)(2). His present contention of ineffective assistance of counsel with regard to the appeal was available and was known, or should have been known, to Younger at the time of his first motion for postconviction relief. See Robinson v. State, Del. Supr., 562 A.2d 1184, 1185 (1989). In order to raise the issue at this late date in his present petition, Younger is required to show that consideration of the claim is warranted in the interests of justice, Super. Ct. Crim.R. 61(i)(2), or that a constitutional violation has occurred. Super.Ct.Crim.R. 61(i)(5). Younger has merely made a con-clusory statement regarding his allegations of ineffectiveness of counsel. Under the circumstances, such a statement does not lead us to the conclusion that the claim should be considered under either of these provisions.

II.

In addition to the time bar mentioned above, Younger’s motion for post-conviction relief is also procedurally barred pursuant to the provisions of Superior Court Criminal Rule 61(i)(3). [2] Because Younger did not timely raise his present challenges to his convictions, he was under a duty to demonstrate “cause” for relief from his failure to timely raise the issues in an appeal from his convictions and “actual prejudice” resulting from the alleged error. Johnson v. State, Del.Supr., 460 A.2d 539 (1983); Conyers v. State, Del.Supr., 422 A.2d 345 (1980). Applying this test to the instant petition, this Court finds that Younger has failed to demonstrate a showing of: a) cause for his failure to raise the issues earlier which might justify relief from his procedural default and b) actual[*556] prejudice from any violation of his rights. Younger’s showing of “cause” as to the insufficiency of evidence contention amounts to an allegation of ineffective assistance of counsel on direct appeal. As noted earlier, Younger argues that his counsel on appeal should have raised the insufficiency of evidence claim.

Counsel’s failure to raise a -particular claim on appeal is to be scrutinized under the cause and prejudice standard when that failure, as is the case here, is treated as a procedural default. Super.Ct.Crim.R. 61(i)(3); Murray v. Carrier, 477 U.S. 478, 492, 106 S.Ct. 2639, 2647, 91 L.Ed.2d 397 (1986) (emphasis in original). A criminal defendant who raises an allegation of ineffective assistance of counsel must show that an attorney’s conduct did not meet reasonable professional standards and that such conduct was prejudicial to the defendant. Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

Attorney error short of ineffective assistance of counsel does not constitute “cause” for a procedural default even when that default occurs on appeal rather than at trial. To the contrary, “cause” for a procedural default on appeal ordinarily requires a showing of some external impediment preventing counsel from constructing or raising the claim. Murray, 477 U.S. at 492, 106 S.Ct. at 2647-48, 91 L.Ed.2d 397. Younger has made no concrete allegations of “cause” or actual prejudice and thus, does not substantiate to any degree such a claim. Therefore, we find that his contentions are also barred pursuant to the provisions of Superior Court Criminal Rule 61(i(3).

III.

Finally, Younger’s contention regarding his “coerced” confession has been addressed and resolved by this Court on direct appeal. Younger, 496 A.2d at 549. Neither federal nor state courts are required to relitigate in postconviction proceedings those claims which have been previously resolved. See Kuhlmann v. Wilson, 477 U.S. 436, 445-55, 106 S.Ct. 2616, 2621-2628, 91 L.Ed.2d 364 (1986); Sanders v. United States, 373 U.S. 1, 7-22, 83 S.Ct. 1068, 10 L.Ed.2d 148 (1963). Under the circumstances, we find that reconsideration of the claim is not warranted in the interest of justice. The claim is procedurally barred pursuant to the provisions of Superior Court Criminal Rule 61(i)(4). [3]

For the foregoing reasons, the decision of the Superior Court is AFFIRMED.

1

. Superior Court Criminal Rule 61(i)(l) states:

Time Limitation. A motion for postconviction relief may not be filed more than three years after the judgment of conviction is final or, if it asserts a retroactively applicable right that is newly recognized after the judgment of conviction is final, more than three years after the right is first recognized by the Supreme Court of Delaware or by the United States Supreme Court.
2

. Superior Court Criminal Rule 61(i)(3) states:

Procedural Default. Any ground for relief that was not asserted in the proceedings leading to the judgment of conviction, as required by the rules of this Court, is thereafter barred, unless the movant shows
(A) cause for relief from the procedural default and
(B) prejudice from violation of the movant’s rights.
3

. Superior Court Criminal Rule 61(i)(4) states:

Former Adjudication. Any ground for relief that was formerly adjudicated, whether in the proceedings leading to the judgment of conviction, in an appeal, in a postconviction proceeding, or in a federal habeas corpus proceeding, is thereafter barred, unless reconsideration of the claim is warranted in the interest of justice.