State of Delaware v. Hembree.

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SUPERIOR COURT OF THE STATE OF DELAWARE T. HENLEY GRAVES SUSSEX COUNTY C OURTHO USE RESIDENT JUDGE ONE THE CIRCLE, SUITE 2 GEORGETOWN, DE 19947 October 3, 2006 N440 - State Mail Timothy Hembree SBI No. Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977 RE: Defendant ID No. 9509002602 Dear Mr. Hembree: Your fourth (4th) Motion for Postconviction relief was filed on September 20, 2006. It is procedurally barred. You claim that the record does not adequately establish that your waiver of indictment was done so knowingly and intelligently. In your second Motion for Postconviction Relief, you claimed an unconstitutionally deficient waiver of indictment. Your claim was denied. Therefore, it has been previously adjudicated and barred pursuant to Superior Court Criminal Rule 61(i)(4). It is also barred as repetitive. Superior Court Criminal Rule 61(i)(2). Finally, you were sentenced over ten years ago. Your conviction was affirmed by the Supreme Court. Timothy J. Hembree v. State, Del. Supr. No. 95, 1996, Veasey, CJ. (Jan. 7, 1993) (ORDER). All subsequent attacks have been denied. Therefore, Superior Court Criminal Rule 61(i)(1) also bars this claim. Defendant's 4th Motion for Postconviction Relief is denied. IT IS SO ORDERED. Yours very truly, T. Henley Graves THG:baj cc: Prothonotary

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