DOVER, Del. (AP) A Delaware judge has rejected an appeal from a former pediatrician serving life in prison after being convicted on several counts of raping young patients.
Superior Court Judge William C. Carpenter Jr. dismissed Earl Bradley’s latest appeal on procedural grounds Thursday.
In his appeal, Bradley cited 24 grounds for relief, including ineffective assistance of counsel, judicial errors, violation of his constitutional rights, and perjury by a detective.
Carpenter noted, however, that the appeal was Bradley’s second motion for post-conviction relief. Successive motions of that type are procedurally barred unless a defendant can meet one of two exceptions. The first involves pleading with particularity that new evidence exists, creating a strong inference that the defendant is innocent. The second involves demonstrating that a new rule of constitutional law, made retroactive to pending appeals, applies to the case and renders a conviction invalid.
Carpenter said Bradley’s appeal had failed to meet either exception, but was instead primarily focused on ineffective assistance of counsel and challenges to the seizure and admission of evidence that had been rejected in previous court rulings.
“Further, it is difficult for Bradley to assert that he is innocent here as he videotaped the criminal acts for which he was ultimately convicted,” Carpenter wrote.
Carpenter, who refused a request from Bradley to recuse himself from the case, also noted…
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