Mojica v. State

977 A.2d 899 (Del. 2009) · Supreme Court of Delaware · August 10, 2009 · No. No. 263, 2009

Summary

The Delaware Supreme Court affirmed the Superior Court's denial of Abel Mojica's first motion for postconviction relief. The court held that his claims were procedurally barred and that his voluntary guilty plea waived challenges to alleged errors occurring before the plea.

Holdings

  1. The Superior Court correctly concluded that Mojica's postconviction motion was procedurally barred because claims previously resolved against him were barred by Superior Court Criminal Rule 61(i)(4), while claims not raised in the proceedings leading to conviction were barred by Rule 61(i)(3) absent a showing of cause and prejudice.
  2. Mojica's voluntary guilty plea waived his right to challenge alleged errors occurring before entry of the plea.

Questions Presented

  1. Whether Mojica's postconviction claims challenging the legality of the search and the State's alleged failure to preserve exculpatory evidence were procedurally barred under Superior Court Criminal Rule 61.
  2. Whether Mojica's voluntary guilty plea waived his right to challenge alleged errors occurring before the plea.

Disposition

affirmed

Cases Cited (1)

  • Miller v. State, 840 A.2d 1229, 1232 (Del. 2003)(followed)

Cited In (0)

No citing cases on record yet.

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