State v. Boyer, 1409003291A, 1508023150, 1409003291C

Defendant Paris Boyer was tried (Nov–Dec 2015); mixed verdicts led to a plea on Feb 17, 2016 to multiple counts including Third Degree Burglary; he stipulated habitual-offender status for one burglary.
On March 18, 2016 the Superior Court sentenced Boyer to 15 years at Level V as a habitual offender for one burglary; remaining counts received probation.
Boyer appealed to the Delaware Supreme Court asserting the sentence was an abuse of discretion; the Supreme Court affirmed the sentence.
Boyer filed a motion to modify his sentence under Superior Court Criminal Rule 35(b) (first filed June 15, 2016 while appeal was pending; refiled Dec 16, 2016 after mandate issued).
The Superior Court considered procedural bars (timeliness, repetitive motions) and the merits (sentencing record showing consideration of mitigators and aggravators) and denied the Rule 35 motion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Timeliness under Rule 35(b)	N/A	Motion timely filed within 90 days of sentence	Motion was timely (filed within 90 days)
Repetitive-request bar	N/A	This is Boyer’s first Rule 35 motion; should be considered	Not barred as repetitive; first motion allowed
Merits — abuse of sentencing discretion	State: sentence appropriate given record	Boyer: sentence was imposed with a closed mind and disproportionate	Court found no abuse; judge considered aggravators/mitigators and explained sentence
Law-of-the-case preclusion	State: Supreme Court decision controls	Boyer: asks reconsideration despite appellate affirmance	Law of the case applies; Supreme Court affirmed sentence, no basis to reopen

Gannett Co., Inc. v. Kanaga, 750 A.2d 1174 (Del. 2000) (describes law-of-the-case doctrine and its limited exceptions)
State v. Redden, 111 A.3d 602 (Del. 2015) (procedural standards for Rule 35 review)
Boyer v. State, 150 A.3d 1200 (Del. 2016) (appellate affirmance of Boyer’s sentence)
Johnson v. State, 234 A.2d 447 (Del. 1967) (historical discussion of Rule 35 purpose)