DOVER — On Wednesday, the Delaware Supreme Court dismissed a former Lewes pediatrician’s petition to mandate considering a motion to review his 2011 conviction for sexually assaulting children in his care.
According to the three-page opinion, Superior Court has not improperly ignored Earl B. Bradley’s motion, multiple memoranda and amendments requesting consideration for post-conviction relief.
Bradley was sentenced to 14 mandatory life sentences and 164 years at Level V imprisonment, which he is appealing for a third time.
“ … Bradley has not established a clear right to the relief he seeks …” the Supreme Court decided. “… Under the circumstances, the passage of a few weeks or even a few months is not indicative of an arbitrary refusal to act.”
Earl B. Bradley
In a bench trial, Bradley was convicted of 14 counts of first-degree rape, and five counts each of second-degree assault and sexual exploitation of a child.
In its opinion, the Supreme Court described Bradley’s request as “not well-articulated.”
According to the criminal docket, Superior Court denied Bradley’s first motion for postconviction relief on June 5, 2015 and a second on March 9, 2016. Supreme Court affirmed the first denial on March 3, 2016.
“Since [March 9] Bradley appears to have filed at least five separate memoranda in support of his second [motion,]” the Supreme Court noted.
“Additionally, he has filed four motions to amend his second motion for postconviction relief. The Superior Court has not yet addressed any of Bradley’s myriad motions.”
Early in its order, the Supreme Court said “Although it is not entirely clear, it appears that Bradley wants this Court to order the Superior Court to consider several pending motions, including his successive motion for postconviction relief …”
The State of Delaware filed a motion to dismiss, and Supreme Court opined that “After careful consideration, we find that Bradley’s petition manifestly fails to invoke this Court’s original jurisdiction.
“Accordingly, the petition must be dismissed.”
Bradley submitted the petition to Supreme Court on May 19.
Chief Justice Leo Strine authored the order, which was also decided by Justices Karen Valihura and James T. Vaughn Jr.