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Davis v. State

Supreme Court of Delaware

December 5, 2013

David M. DAVIS, Defendant Below-Appellant,
v.
STATE of Delaware, Plaintiff Below-Appellee.

Submitted: Nov. 26, 2013.

Editorial Note:

This decision has been designated as "Table of Decisions Without Published Opinions." in the Atlantic Reporter.

Court Below— Superior Court of the State of Delaware, in and for New Castle County, Cr. ID 0207002276.

Before HOLLAND, BERGER, and JACOBS, Justices.

ORDER

CAROLYN BERGER, Justice.

This 5th day of December 2013, after careful consideration of the opening brief and motion to affirm, we find it manifest that the judgment below should be affirmed on the basis of the Superior Court's well-reasoned decision dated August 16, 2013. The Superior Court did not err in concluding that appellant's second motion for postconviction relief was procedurally barred and that appellant had failed to overcome the procedural hurdles.

NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.


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