Webster v. State

WALSH, Justice:

This is an appeal from the summary dismissal of a petition for postconviction relief. The Superior Court ruled the appellant’s pro se motion to be time barred under Superior Court Criminal Rule 61 because it was filed more than three years after his convictions were final. We hold that appellant's motion contained allegations of a constitutional violation sufficient to avoid the time limitation bar of Rule 61. We therefore reverse the Superior Court and remand the case for an evidentiary hearing on appellant’s claims.

I

On July 23,1985, the appellant, Raymond R. Webster…