State v. Fry

── State v. Fry ── Court: Superior Court of Delaware Date: April 23, 2026 Category: General IN THE SUPERIOR COURT OF THE STATE OF DELAWARE STATE OF DELAWARE ) ) Plaintiff, ) ) C.A. No. 2312008495 v. ) ) ERIC R. FRY, ) ) Defendant. ) ) Submitted: March 19, 2026 1 Decided: April 23, 2026 Upon Defendant Eric R. Fry’s Motion for Postconviction Relief SUMMARILY DISMISSED. ORDER James T. Betts, Esquire, Deputy Attorney General, DEPARTMENT OF JUSTICE, 820 North French Street, Wilmington, DE 19801, Attorney for the State of Delaware. Eric R. Fry (SBI# 00251345), Howard R. Young Correctional Institution, 1301 E. 12th Street, Wilmington, DE 19809, pro se. WHARTON, J. 1 The Motion for Postconviction Relief was filed on February 19, 2025 (D.I. 49), one week before Fry appealed his convictions to the Delaware Supreme Court (See, D.I. 52). This Court advised him that his appeal divested this Court of jurisdiction to entertain his motion and that it would decide the motion after his appeal was resolved. (D.I. 52). The Delaware Supreme Court affirmed Fry’s convictions and its mandate was received by the Prothonotary on March 19, 2026 (D.I. 71).  The 23rd day of April 2026, upon consideration of Defendant Eric R. Fry’s (“Fry”) Motion for Postconviction Relief (“PCR Motion”),2 and the record in this case, it appears to the Court that: 1. Fry was convicted by a jury of Wearing a Disguise During the Commission of a Felony (“WDDCF”), Burglary Third Degree, Possession of Burglar’s Tools, Criminal Mischief less than $1,000, and Shoplifting less than $1,500.3 He was sentenced to 5 years at Level V, suspended after 16 months on the WDDCF charge and incarceration suspended for probation on the other charges. 4 His appeal of his convictions to the Delaware Supreme Court was unsuccessful.5 2. On February 19, 2025, Fry moved for postconviction relief prior to appealing his convictions to the Delaware Supreme Court.6 This Court advised him that his appeal divested it of jurisdiction to entertain his PCR Motion, but that it would consider the motion after the Delaware Supreme Court resolved his appeal. 7 The PCR Motion raises three claims. In their entirety they read: (1) “Suppression out of time Granted 7/15/24 should have had hearing and confession should been suppressed;” 2 D.I. 49. 3 D.I. 39. 4 D.I. 48. 5 Fry v. State, 2026 WL 579446 (Del. Mar. 2, 2026). 6 Def.’s PCR Mot., D.I. 49. 7 D.I. 52. 2 (2) “Det. Leonardi lied under oath about evidence in the case;” (3) “Vindictive Prosecution 5/13/24 civil suit filed case #2312011039 #20 indictment.” 8 3. Before addressing the merits of a defendant’s motion for postconviction relief, the Court must first apply the procedural bars of Superior Court Criminal Rule 61(i).9 If a procedural bar exists, then the Court will not consider the merits of the postconviction claim. 10 Under Delaware Superior Court Rules of Criminal Procedure, a motion for post-conviction relief can be barred for time limitations, successive motions, procedural default, or former adjudication.11 A motion exceeds time limitations if it is filed more than one year after the conviction becomes final, or, if it asserts a retroactively applicable right that is newly recognized after the judgment of conviction is final, more than one year after the right was first recognized by the Supreme Court of Delaware or the United States Supreme Court.12 A second or subsequent motion is considered successive and therefore barred and subject to summary dismissal unless