State v. Flowers

HOLLAND, Justice;

for the Majority:

The defendant-below, appellee, Damone Flowers’ second Motion for Post-Conviction Relief was referred to a Superior Court Commissioner, who issued a report recommending that the Superior Court grant Flowers’ motion for relief. The Superior Court adopted in part and denied in part the Commissioner’s report and granted Flowers’ relief. The State appeals from the Superior Court’s final judgment.

The State argues that Flowers’ second Motion for Post-Conviction Relief was untimely under Criminal Rule 61(i)(l), because it was filed more than three years after his…