Bailey v. State

MOORE, Justice.

In this most recent of several appeals filed by John H. Bailey 1 , we address his latest post-conviction relief petition based on an alleged retroactive constitutional right which was not in existence when Bailey’s convictions became final. Bailey appeals a dismissal of his petition under Superior Court Criminal Rules 61(i)(l) & (5). The trial court ruled that Bailey’s petition was procedurally barred under Rule 61(i)(l) because it was filed more than three years after his conviction became final. The Superior Court also found that Bailey’s petition did not otherwise raise any…