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JACKSON v. STATE

No. 199, 1994.

654 A.2d 829 (1995)

Richard K. JACKSON, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: March 1, 1995.

Attorney(s) appearing for the Case

Richard K. Jackson, pro se.

John A. Parkins, Jr. and Jeffrey L. Moyer, Richards, Layton & Finger, Wilmington, court-appointed amicus curiae.

Richard E. Fairbanks, Jr., Chief of Appeals Div., Dept. of Justice, Wilmington, for appellee.

Before VEASEY, Chief Justice, WALSH, HOLLAND, HARTNETT, and BERGER, Justices, constituting the Court En Banc.

WALSH, Justice:

In this appeal from the Superior Court, we are required to determine when the three year period for the filing of a motion for postconviction relief under Superior Court Criminal Rule 61 begins to run. The Superior Court determined that the appellant, Richard K. Jackson's, ("Jackson") motion was untimely because it was filed more than three years after his sentencing, but within three years from the date his...

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