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Harris v. State

Supreme Court of Delaware

October 9, 2014

SAMUEL L. HARRIS, Defendant Below-Appellant,
v.
STATE OF DELAWARE, Plaintiff Below-Appellee.

Submitted: October 2, 2014 [1]

Court Below—Superior Court of the State of Delaware, in and for Kent County Cr. ID 9801013999

Before STRINE, Chief Justice, HOLLAND, and VALIHURA, Justices

ORDER

KAREN L. VALIHURA JUSTICE

This 9th day of October 2014, the Court has carefully considered the appellant's opening brief, the State's motion to affirm, the appellant's reply, and the record on appeal. We find it manifest that the Superior Court's order dated March 20, 2014, which denied the appellant's third motion for postconviction relief under Rule 61, should be affirmed. The motion was untimely and repetitive, and the appellant failed to assert a colorable claim of a miscarriage of justice under Rule 61(i)(5) sufficient to overcome these procedural bars.

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


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