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Machette v. State

Supreme Court of Delaware

April 24, 2014

RICHARD D. MACHETTE, Defendant Below, Appellant,
v.
STATE OF DELAWARE, Plaintiff Below, Appellee

Submitted April 8, 2014.

Motion for Rehearing filed 5/7/14; Denied 5/9/14. Case Closed May 12, 2014.

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 Kent County. Cr. ID 0608007451.

Before BERGER, JACOBS, and RIDGELY, Justices.

OPINION

Jack B. Jacobs, Justice

ORDER

This 24th day of April 2014, after careful consideration of the appellant's opening brief, the State's motion to affirm, and the record on appeal, we find it manifest that the judgment below should be affirmed on the basis of the Superior Court's decision dated March 11, 2014. The Superior Court did not err in concluding that appellant's third 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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