September 30, 2014
GLEN W. DUCOTE, Defendant Below, Appellant,
STATE OF DELAWARE, Plaintiff Below, Appellee.
Submitted: September 3, 2014
Court Below—Superior Court of the State of Delaware, in and for New Castle County Cr. ID No. 0305001806
Before HOLLAND, RIDGELY, and VALIHURA, Justices.
Henry duPont Ridgely Justice
This 30th day of September 2014, after careful consideration of the appellant's opening brief, the appellee's motion to affirm, and the record below, we find it manifest that the judgment below should be affirmed on the basis of the Superior Court's order, dated June 6, 2014, adopting the well-reasoned report and recommendations of the Commissioner, dated April 3, 2014. The Superior Court did not err in concluding that the appellant's third motion for postconviction relief was procedurally barred and that the appellant had failed to overcome the procedural hurdles. The Superior Court also did not err in holding that the appellant was not entitled to appointment of counsel on his third motion for postconviction relief and that he had not established good cause for appointment of counsel.
NOW, THEREFORE, IT IS ORDERED that motion to affirm is GRANTED and the judgments of the Superior Court are AFFIRMED.