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Russell v. State

Supreme Court of Delaware

October 28, 2014

ERIC D. RUSSELL, Defendant Below-Appellant,
v.
STATE OF DELAWARE, Plaintiff Below-Appellee

Submitted September 26, 2014.

Motion for Reargument Filed 11/10/14; Denied 11/13/14. Case Closed November 13, 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 Sussex County. Cr. ID 0801028059.

Before HOLLAND, RIDGELY, and VALIHURA, Justices.

ORDER

Henry duPont Ridgely, Justice.

This 28th day of October 2014, after careful consideration of the parties' briefs and the record on appeal, it is manifest that the judgment below should be affirmed on the basis of the Superior Court's well-reasoned decision dated May 8, 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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