Brittingham v. State, 705 A.2d 577 (Del. 1998). · Go Syfert
Brittingham v. State, 705 A.2d 577 (Del. 1998). Cases Citing This Book View Copy Cite
“the prior decisions by this court on any adjudicated issue involving brittingham's claims become the law of the case in all subsequent stages of his continuing criminal proceedings.”
406 citation events (399 in the last 25 years) across 7 distinct courts.
Strongest positive: Marvel v. State (del, 2019-04-02) · Strongest negative: JONATHAN GOVETTE v. ELECTRONIC REFERRAL MANAGER, INC., DAVID BONGIOVANI, RICK HAMMER AND JOSEPH MACALUSO (delch, 2025-10-15)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited "but see" JONATHAN GOVETTE v. ELECTRONIC REFERRAL MANAGER, INC., DAVID BONGIOVANI, RICK HAMMER AND JOSEPH MACALUSO
Del. Ch. · 2025 · signal: but see · confidence high
But see Brittingham v. State, 705 A.2d 577, 579 (Del. 1998) (noting the law of the case doctrine is flexible and “will not be enforced where doing so would produce an injustice.” (internal quotes omitted)). 107 Govette’s breach of fiduciary duty claim is an equitable claim even though Govette seeks only money damages as a remedy.
discussed Cited as authority (verbatim quote) Marvel v. State (2×) also: Cited as authority (rule)
Del. · 2019 · quote attribution · 1 verbatim quote · confidence high
the 'law of the case' doctrine bars relitigation, under rule 35(a), of an 'illegal sentence' where that issue has been previously decided by this court.
discussed Cited as authority (verbatim quote) Davis v. State
Del. · 2016 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
the prior decisions by this court on any adjudicated issue involving brittingham's claims become the law of the case in all subsequent stages of his continuing criminal proceedings.
discussed Cited as authority (verbatim quote) Williams v. State
Del. · 2014 · quote attribution · 1 verbatim quote · confidence high
the prior decisions by this court on any adjudicated issue involving brittingham's claims become the law of the case in all subsequent stages of his continuing criminal proceedings.
discussed Cited as authority (verbatim quote) Evans v. State
Del. · 2014 · quote attribution · 1 verbatim quote · confidence high
the prior decisions by this court on any adjudicated issue involving brittingham's claims became the law of the case in all subsequent stages of his continuing criminal proceedings.
discussed Cited as authority (rule) Broomer v. State
Del. · 2026 · confidence medium
He is mistaken. (6) In Erlinger, the United States Supreme Court considered a sentence imposed under the federal Armed Career Criminal Act and stated that “[v]irtually ‘any fact’ that ‘increase[s] the prescribed range of penalties to which a criminal defendant is exposed’ must be resolved by a unanimous jury beyond a reasonable doubt (or freely admitted in a guilty plea).”6 The aggravating factors that the Superior Court cited in sentencing Broomer did not increase the prescribed range of penalties to which he was otherwise exposed—fifteen years to life imprisonment for second-de…
discussed Cited as authority (rule) State v. Taylor
Del. Super. Ct. · 2026 · confidence medium
R. 35(a) (“Correction of sentence. -- The court may correct an illegal sentence at any time . . .”). -4- as to its substance; or, is a sentence that the judgment of conviction did not authorize.16 (8) Mr. Taylor avoids any specifics about his actual case or sentence when joining many other sentenced inmates in filing the same handwritten form motion complaining that his sentence is illegal and he is due resentencing under the United States Supreme Court decision in Erlinger v. United States.17 (9) In Erlinger, the United States Supreme Court considered a sentence imposed under the federal …
discussed Cited as authority (rule) State v. Davis (2×)
Del. Super. Ct. · 2026 · confidence medium
Aug. 29, 2023); Brittingham v. State, 705 A.2d 577, 578 (Del. 1998). 25 Id. (quoting Brittingham, 705 A.2d at 578 ). 26 Mot. p. 3. 27 Id. 5 Section 4214(c).” 28 Accordingly, this claim must be denied because the Supreme Court’s determination is the law of the case. 29 (13) Second, Defendant argues that pursuant to Erlinger v. United States, his habitual offender designation resulted in an unconstitutional increase in his overall sentence. 30 As a Rule 35(a) claim to correct an illegal sentence can be made at any time, Defendant’s argument is timely. 31 (14) The Court does not need to add…
discussed Cited as authority (rule) Boyce v. State
Del. · 2026 · confidence medium
A motion for correction of an illegal sentence is not subject to the time limitation in Rule 35(b).5 Nevertheless, we affirm the Superior Court’s denial of Boyce’s motion on the basis that the Superior Court’s imposition of the Section 4204(k) requirement did not make the sentence illegal.6 (6) When sentencing a defendant for a VOP, the trial court may impose any period of incarceration up to and including the balance of the Level V time remaining to be served on the original sentence.7 This Court has held that when the Superior Court reimposes a suspended sentence or portion thereof fol…
cited Cited as authority (rule) McGlotten v. State
Del. · 2025 · confidence medium
Aug. 19, 2014). 3 Id. 4 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998). 2 due process because it lacks justification.
cited Cited as authority (rule) Wood v. State
Del. · 2025 · confidence medium
Aug. 19, 2014). 6 Id. 7 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998). 3 opening brief that his appeal was without merit.
cited Cited as authority (rule) West v. State
Del. · 2025 · confidence medium
Aug. 19, 2014) (TABLE). 3 Id. 4 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998). 5 Supr.
discussed Cited as authority (rule) Johnson v. State
Del. · 2025 · confidence medium
Even without considering the offenses that he claims were juvenile adjudications—and combining the offenses that he seems to contend were not committed on separate occasions—he admitted that he was subject to habitual- offender sentencing based on offenses from 1988, 1993, 1996, 2003, 2006, 2007, 3 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998). 4 11 Del.
discussed Cited as authority (rule) Wheeler v. State
Del. · 2025 · confidence medium
Aug. 19, 2014) (TABLE). 9 Id. 10 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998). 3 (5) In his opening brief, Wheeler argues that his sentences are illegal because the sentencing judge made factual findings about his criminal history instead of a jury as required by Erlinger.
cited Cited as authority (rule) State v. Richards
Del. Super. Ct. · 2025 · confidence medium
R. 35(a). 10 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998). 2 within the time provided for the reduction of sentence which is 90 days of the imposition of sentence. 11 4.
discussed Cited as authority (rule) Melendez v. State
Del. · 2025 · confidence medium
Aug. 19, 2014). 5 Id. 6 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998). 3 (7) “It is well established that a defendant has a fundamental right to be present at the imposition of a final sentence following a criminal conviction.
cited Cited as authority (rule) Rosa v. State
Del. · 2025 · confidence medium
Aug. 19, 2014) (TABLE). 3 Id. 4 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998). 5 11 Del.
discussed Cited as authority (rule) Brisco v. State
Del. · 2025 · confidence medium
Aug. 19, 2014) (TABLE). 6 Id. 7 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998). 8 The Superior Court described Brisco’s life sentences for first-degree murder as minimum mandatory sentences, but under 11 Del.
cited Cited as authority (rule) State v. Wallace
Del. Super. Ct. · 2025 · confidence medium
R. 35(a). 12 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998). 13 Super.
discussed Cited as authority (rule) Meades v. State
Del. · 2025 · confidence medium
Aug. 19, 2014). 3 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998). 2 (4) On appeal, Meades argues that his sentence runs afoul of Erlinger because the Superior Court considered aggravating factors such as custody status, prior violent conduct, repetitive criminal history, and lack of amenability to lesser sanctions when sentencing Meades “to the max on each count.”4 In Erlinger, the United States Supreme Court held that a unanimous jury must determine beyond a reasonable doubt whether a defendant’s prior offenses were committed on separate occasions before his sentence can be enhance…
discussed Cited as authority (rule) Jones v. State
Del. · 2025 · confidence medium
Aug. 19, 2014) (TABLE). 4 Id. 5 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998). 6 See supra n.2. 7 Erlinger, 602 U.S. at 834 (quoting Apprendi v. New Jersey, 530 U.S. 466, 490 (2000)). 3 because the Superior Court made no factual determinations exposing Jones to higher maximum or minimum sentences, and the sentences fell within the statutory range.8 The Superior Court did not err in denying Jones’s motion.
discussed Cited as authority (rule) Shelley v. State
Del. · 2025 · confidence medium
Aug. 19, 2014). 2 Id. 3 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998). 2 of the offenses and when he was sentenced and the sentencing judge misapprehended the applicable statutes.4 Having reviewed the statutes in effect on February 6, 1997, when Shelley committed the crimes at issue, we conclude that the sentences are not illegal.
discussed Cited as authority (rule) Reed v. State
Del. · 2025 · confidence medium
Aug. 19, 2014) (TABLE). 4 Id. 5 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998). 2 (5) As he did below, Reed argues that the Superior Court enhanced his sentences without jury findings as required by Erlinger and that his life-without- parole sentence was unconstitutional because he was an “emerging adult” between the ages of eighteen and twenty at the time of the crimes.6 He also contends that the indictment failed to include facts essential to the charged crimes and sentences, but he did not raise this claim below and we will not consider it for the first time on appeal.7 (6) In Erli…
discussed Cited as authority (rule) Anderson v. State
Del. · 2025 · confidence medium
Aug. 19, 2014). 6 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998). 7 Erlinger, 602 U.S. at 834-35. 3 “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.”8 Anderson does not contend, and the record does not reflect, that his sentence was enhanced beyond the statutory range applicable to the offenses of which the jury found him guilty at trial.
discussed Cited as authority (rule) State v. Kimbrough (2×)
Del. Super. Ct. · 2025 · confidence medium
Feb. 13, 2020) (TRANSCRIPT) (D.I. 15). 3 602 U.S. 821 (2024). 4 Erlinger, 602 U.S. at 833. 5 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998). 6 Super.
cited Cited as authority (rule) Krafchick v. State
Del. · 2025 · confidence medium
Aug. 19, 2014) (TABLE). 5 Id. 6 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998). 2 (5) We agree with the Superior Court that Erlinger is not applicable here.
discussed Cited as authority (rule) Braxton v. State
Del. · 2025 · confidence medium
When Braxton committed the PFDCF offense for which he was sentenced as a habitual offender, Section 4214(b) provided in relevant part: Any person who has been 3 times convicted of a felony under the laws of this State … and who shall thereafter be convicted of a subsequent felony, which is the person’s first Title 11 violent felony, or attempt to commit such a violent felony, as defined in § 4201(c) of this title, shall receive a minimum sentence of ½ of the statutory maximum penalty provided elsewhere in this title….6 Because PFDCF was a class B violent felony, Braxton was subject to …
discussed Cited as authority (rule) Garner v. State
Del. · 2025 · confidence medium
Aug. 19, 2014). 2 Id. 3 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998). 3 (8) Garner’s claims of ineffective assistance, which he did not raise in the Superior Court, fall outside the scope of Rule 35.4 To the extent that Garner claims that his forty-five year sentence for first-degree rape is illegal, this claim is meritless.
discussed Cited as authority (rule) Carney v. State
Del. · 2025 · confidence medium
Five years at Level V, if the person does so within 10 years of the date of conviction for any violent felony or the date of termination of all periods of incarceration or confinement imposed pursuant to said conviction, whichever is the later date….7 (6) In Erlinger, the United States Supreme Court considered a sentence imposed under the federal Armed Career Criminal Act and stated that “[v]irtually any fact that increases the prescribed range of penalties to which a criminal defendant is exposed must be resolved by a unanimous jury beyond a reasonable doubt” or “freely admitted in a …
discussed Cited as authority (rule) Dale v. State
Del. · 2025 · confidence medium
Aug. 19, 2014). 3 Id. 4 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998). 5 Erlinger, 602 U.S. at 825 . 2 sentenced Dale within the statutory sentencing range authorized by the legislature for second-degree murder.
discussed Cited as authority (rule) State v. Collazo
Del. Super. Ct. · 2025 · confidence medium
R. 35(a). 6 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998) (quoting United States v. Pavlico, 961 F.2d 440, 443 (4th Cir. 1992); United States v. Dougherty, 106 F.3d 1514, 1515 (10th Cir. 1997)). 7 Del.
discussed Cited as authority (rule) Morris v. State
Del. · 2025 · confidence medium
When Morris committed the offense for which he received the habitual-offender sentence, Section 4214(a) provided in relevant part: Any person who has been 3 times convicted of a felony, other than those which are specifically mentioned in subsection (b) of this section, under the laws of this State, and/or any other state, United States or any territory of the United States, and who shall thereafter be convicted of a subsequent felony of this State is declared to be an habitual criminal, and the court in which such 4th or subsequent conviction is had, in imposing sentence, may in its discretio…
discussed Cited as authority (rule) Johnson v. State
Del. · 2025 · confidence medium
The sentencing order reflects that only the first three years of the PFDCF sentence was the minimum sentence.8 (7) In Erlinger, the United State Supreme Court held that a unanimous jury must determine beyond a reasonable doubt whether a defendant’s prior offenses were committed on separate occasions before his sentence can be enhanced under 5 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998). 6 11 Del.
cited Cited as authority (rule) Jackson v. State
Del. · 2025 · confidence medium
Aug. 19, 2014). 3 Id. 4 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998). 2 (5) In his opening brief, Jackson argues that the Superior Court erred in finding Erlinger inapplicable.
cited Cited as authority (rule) State v. Brown
Del. Super. Ct. · 2025 · confidence medium
R. 35(a). 12 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998). 13 Super.
discussed Cited as authority (rule) State v. Guilford
Del. Super. Ct. · 2025 · confidence medium
R. 35(a). 39 Brittingham v. State, 705 A.2d 577, 578 (Del. 1988) (citations omitted). 8 illegal manner” within 90 days after its imposition,40 but curbs Court consideration of untimely applications to only those claiming “extraordinary circumstances.”41 Guilford contends his sentence is illegal for two reasons; first he alleges he was sentenced to 17 years minimum mandatory at Level V when a portion of the Level V time could be served concurrently42 and, second, he was subjected to multiple sentences in violation constitutional principles against double jeopardy because the Court did not…
cited Cited as authority (rule) State v. Jean
Del. Super. Ct. · 2025 · confidence medium
Aug. 20, 2007) (ORDER) (citing Brittingham v. State, 705 A.2d 577, 578 (Del. 1998)). 13 11 Del.
discussed Cited as authority (rule) State v. McCoy
Del. Super. Ct. · 2025 · confidence medium
R. 35(a) (“Correction of sentence. -- The court may correct an illegal sentence at any time . . .”). 11 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998). 12 See State v. Morrison, 2025 WL 1431931 , at *2 (Del.
discussed Cited as authority (rule) State v. Fistzgiles
Del. Super. Ct. · 2025 · confidence medium
In Erlinger, the U.S. Supreme Court provided that a fact that increases a defendant’s exposure to punishment, whether by triggering a higher maximum or minimum sentence, must be submitted to a jury and found unanimously and beyond a reasonable doubt.12 But Erlinger does not disrupt that Court’s previous ruling that such a fact can support an increased maximum or minimum sentence when it is “freely admitted in a guilty plea.”13 8 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998). 9 11 Del.
discussed Cited as authority (rule) State v. Nurse
Del. Super. Ct. · 2025 · confidence medium
R. 35(a). 7 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998) (quoting United States v. Pavlico, 961 F.2d 440, 443 (4th Cir. 1992); United States v. Dougherty, 106 F.3d 1514, 1515 (10th Cir. 1997)). 8 Del.
cited Cited as authority (rule) State v. Evans
Del. Super. Ct. · 2025 · confidence medium
R. 35(a). 18 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998) (citations omitted).
cited Cited as authority (rule) State v. Fletcher
Del. Super. Ct. · 2025 · confidence medium
The court found that the “violent and brutal murder” “[v]astly outweigh[ed] any mitigating factors.” 9 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998) (citations omitted).
discussed Cited as authority (rule) State v. Hilton
Del. Super. Ct. · 2025 · confidence medium
Erlinger holds “[a] fact that increases a defendant’s exposure to punishment, whether by triggering a higher maximum or minimum sentence, must be 9 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998) (quoting United States v. Pavlico, 961 F.2d 440, 443 (4th Cir. 1992); United States v. Dougherty, 106 F.3d 1514, 1515 (10th Cir. 1997)). 10 Del.
cited Cited as authority (rule) Fulton v. State
Del. · 2025 · confidence medium
PROC. 35(a). 6 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998). 7 DEL.
discussed Cited as authority (rule) State v. Fields
Del. Super. Ct. · 2025 · confidence medium
Not so. “[A] sentence is not illegal simply because it exceeds the SENTAC guidelines.”9 The Delaware Supreme Court has consistently explained that SENTAC guidelines are “voluntary and nonbinding; thus, no party to a criminal case has any legal or constitutional right to appeal to any court a statutorily authorized sentence which does not conform to the sentencing standards.”10 The Superior Court’s “failure to follow the nonbinding SENTAC sentencing guidelines, or to state its reasons for not following the 7 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998) (cleaned up). 8 State v…
discussed Cited as authority (rule) McCray v. State
Del. · 2025 · confidence medium
This Court has repeatedly stated that the SENTAC Guidelines are voluntary and non-binding.4 We have also rejected the argument that a sentence exceeding the SENTAC Guidelines is illegal.5 McCray’s twenty-five year sentence—suspended after twelve years and six months—for PDWDCF falls within the statutory range.6 The United States Supreme Court’s decisions in Apprendi v. New Jersey7 and Blakely v. 3 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998). 4 See, e.g., White v. State, 243 A.3d 381 , 410 (Del. 2020) (describing the “voluntary and non- binding” nature of the SENTAC Guidelin…
cited Cited as authority (rule) State v. McKnight
Del. Super. Ct. · 2025 · confidence medium
R. 35(a). 12 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998). 13 Super.
cited Cited as authority (rule) State v. Murray
Del. Super. Ct. · 2025 · confidence medium
R. 35(a). 33 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998). 34 Super.
cited Cited as authority (rule) State v. Edwards
Del. Super. Ct. · 2025 · confidence medium
R. 35(a). 5 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998). 6 Super.
cited Cited as authority (rule) State v. Wallace
Del. Super. Ct. · 2025 · confidence medium
R. 35(a). 17 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998). 3 within the time provided for the reduction of sentence which is within 90 days from the imposition of sentence.18 6.
Edward BRITTINGHAM, Defendant Below, Appellant,
v.
STATE of Delaware, Plaintiff Below, Appellee
228 and 336, 1997.
Supreme Court of Delaware.
Jan 23, 1998.
705 A.2d 577
Edward A. Brittingham, pro se., Sam Glasscock, III, of the Department of Justice, Georgetown, for appellee.
Walsh, Holland, Hartnett.
Cited by 291 opinions  |  Published
HOLLAND, Justice.

The defendant-appellant, Edward A Brit-tingham (“Brittingham”), was found guilty of Burglary in the Second Degree by a New Castle County jury on September 18, 1991. He was declared to be an habitual criminal and sentenced to fifteen years of incarceration. Brittingham’s conviction and sentence were affirmed on appeal by this Court. Brittingham v. State, Del.Supr., No. 486, 1991, Veasey, C.J., 1992 WL 219205 (July 31, 1992) (ORDER). Brittingham filed a motion for posteonviction relief. This Court affirmed the Superior Court judgment denying that motion. Brittingham v. State, Del.Supr., No. 25, 1995, Berger, J., 1995 WL 715837 (Nov. 8, 1995) (ORDER).

Brittingham then sought further review of the determination that he is an habitual criminal by filing two Motions to Correct an Illegal Sentence with the Superior Court. See Super.Ct.Crim.R. 35(a) (“Rule 35(a)”). These motions were denied by the Superior Court on April 28, 1997, and July 16, 1997. Brittingham has appealed from those judgments. This Court has consolidated the appeals.

. Relief is Limited Criminal Rule 35(a)

Rule 35(a) permits the Superior Court to correct an illegal sentence “at any time.” Cf. Super.Ct.Crim.R. 61(i)(l). The “narrow function of Rule 35 is to permit correction of an illegal sentence, not to reexamine errors occurring at the trial or other proceedings prior to the imposition of sentence.” Hill v. United States, 368 U.S. 424, 430, 82 S.Ct. 468, 472, 7 L.Ed.2d 417 (1962). “A proceeding under Rule 35 presupposes a valid conviction.” Whitfield v. United States, 9th Cir., 401 F.2d 480, 483 (1968). Accord Evans v. State, Wyo.Supr., 892 P.2d 796, 797 (1995); State v. Meier, N.D.Supr., 440 N.W.2d 700, 703 (1989). Relief under Rule 35(a) is available “when the sentence imposed exceeds the statutorily-authorized limits, [or] violates the Double Jeopardy Clause....” United States v. Pavlico, 4th Cir., 961 F.2d 440, 443 (1992). A sentence is also illegal if it “is ambiguous with respect to the time and manner in which it is to be served, is internally contradictory, omits a term required to be imposed by statute, is uncertain as to the substance of the sentence, or is a sentence which the judgment of conviction did not authorize.” United States v. Dougherty, 10th Cir., 106 F.3d 1514, 1515 (1997).

Brittingham was found guilty of Burglary in the Second Degree, a felony. The Superior Court then determined that Brittingham had at least three prior felony convictions. Accordingly, Brittingham was found to be an habitual offender. As an habitual offender, he was eligible by statute for a sentence of up to life imprisonment. 11 Del.C. § 4214(a). Brittingham was sentenced to fifteen years imprisonment.

Brittingham does not contend that this sentence was outside of the statutory authorization or constituted double jeopardy. The only contentions in his Rule 35(a) motions involved the validity of his felony convictions in 1983 and 1986. Because those claims would require an examination of “errors occurring at ... other proceedings prior to the imposition of the sentence,” no relief is available to Brittingham under Rule 35(a). Hill v. United States, 368 U.S. at 430, 82 S.Ct. at 472-73.

Law of Case Rlegal Sentences

The proceedings leading to Brittingham’s conviction, including the validity of the Superior Court’s determination of his habitual criminal status, were reviewed by this Court and rejected in Brittingham’s direct appeal.[*579] Brittingham v. State, Del.Supr., No. 486, 1991, Veasey, C.J., 1992 WL 219205 (July 31, 1992) (ORDER). Thereafter, in his first motion for postconviction relief under Superior Court Criminal Rule 61 (“Rule 61”), Britting-ham raised the same challenges to his habitual offender status that he advanced in the Rule 35(a) motions which are the -subject of this appeal: (1) the alleged invalidity of his 1986 conviction based on trial judge’s supposed conflict of interest; and (2) the alleged invalidity of his 1983 conviction based on the supposed coercion of his guilty plea. This Court affirmed the Superior Court’s denial of Brittingham’s Rule 61 motions, finding that his claims were procedurally barred and that Brittingham had failed to demonstrate that he was entitled to relief on the merits in the interest of justice. Brittingham v. State, Del.Supr., No. 25, 1995, Berger, J., 1995 WL 715837 (Nov. 8,1995) (ORDER).

The “law of the case” doctrine is well established in Delaware. See, e.g., Bailey v. State, Del.Supr., 521 A.2d 1069, 1093 (1987); Hughes v. State, Del.Supr., 490 A.2d 1034, 1048 (1985); State v. Halko, Del.Super., 188 A.2d 100, 107-08 (1962). That doctrine bars relitigation, under Rule 35(a), of an “illegal sentence” where that issue has been previously decided by this Court.

The doctrine of law of the case is flexible (unlike res judicata, which is both inflexible and inapplicable to many post-conviction motions, including those based on grounds of double jeopardy ...). It will not be enforced where doing so would produce an injustice. But it does apply to Rule 35 unless some reason is . shown for not applying it, and none was here.

United States v. Mazak, 7th Cir., 789 F.2d 580, 581 (1986) (citations omitted). Britting-ham cannot continue to litigate previously decided issues by changing the number of the Superior Court rule under which he seeks postconvietion relief. See Super.Ct.Crim.R. 61(i)(l), (3), (4); Bailey v. State, 521 A.2d at 1095. See also Trans World Airlines, Inc. v. Hughes, Del.Ch., 317 A.2d 114, 119 (1974), aff'd, Del.Supr., 336 A.2d 572 (1975). The prior decisions by this Court on any adjudicated issue involving Brittingham’s claims became the law of the ease in all subsequent stages of his continuing criminal proceedings. State v. Halko, 188 A.2d at 107-08.

Conclusion

The Superior Court properly held that Brittingham could not utilize Rule 35(a) to challenge the predicate convictions that were the basis for the determination of his habitual offender status. The judgments of the Superior Court are affirmed.