June 9, 2014
CARMELO J. CLAUDIO, Defendant Below-Appellant,
STATE OF DELAWARE, Plaintiff Below-Appellee
Submitted: May 15, 2014.
Motion for Rehearing en Banc filed 6/17/14;
Case Closed June 19, 2014.
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 87001256DI.
Before STRINE, Chief Justice, BERGER, and RIDGELY, Justices.
Henry duPont Ridgely, Justice.
This 9th day of June 2014, after careful consideration of appellant's opening brief and the State's motion to affirm, we find it manifest that the judgment below should be affirmed on the basis of the Superior Court's order dated February 18, 2014, which adopted the Commissioner's report dated January 30, 2014. The Superior Court did not err in concluding that appellant's sixth motion for postconviction relief was barred by Superior Court Criminal Rule 61 and that appellant had failed to overcome the procedural hurdles.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.