Jerome K. Hamilton v. State Delaware

(1) The defendant-appellant, Jerome K. Hamilton, appeals Superior Courts denial of his second post-conviction relief application concerning his entry of a guilty plea pursuant to an agreement entered into after he was permitted to withdraw from an earlier plea arrangement. Both pleas pertained to charges of introducing contraband drugs into prison. After eschewing a direct appeal of his second plea agreement and sentence, defendant sought post-conviction relief. In the first such proceeding, Superior Court denied his motion but modified his sentence by removing the section 4204(k) provisions. Hamilton appealed and we affirmed by Order of June 27, 1989. Hamilton v. State, Del., Supr., No. 384, 1988, Horsey, J. (June 27, 1989) (Order). One week after this Courts mandate issued, Hamilton filed this, his second post-conviction relief application. By letter opinion and order dated September 26, 1989, Superior Court dismissed the asserted claims as procedurally barred because then available and required to be asserted in defendants first post-conviction relief application and not then raised. Further, the court found defendants claims to be vague and indefinite and consideration of them not warranted in the interests of Justice. See Super. Ct. Crim. R. 61(i)(2); Robinson v. State, Del. Supr., 562 A.2d 1184, 1185 (1989); Supr. Ct. R. 8.