Black v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE DEAN C. BLACK, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 326, 2002 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr.A. Nos. IN84-06-0594 and IN84-07-1944 Cr. ID No. 84003873DI Submitted: August 9, 2002 Decided: August 27, 2002 Before VEASEY, Chief Justice, WALSH, and HOLLAND, Justices. ORDER This 27th day of August 2002, after careful consideration of the appellant s opening brief, the State s motion to affirm, and the record, we find it manifest that the judgment of the Superior Court should be affirmed on the basis of the Superior Court=s well-reasoned decision dated June 3, 2002. The Superior Court did not err in concluding that Black s claim, which alleged that the Superior Court had no jurisdiction over his offenses for attempted rape because State agencies could have sought a protection from abuse order against him in Family Court, lacked substantive merit. Moreover, Black s motion for postconviction relief clearly was time-barred under Superior Court Criminal Rule 61(i)(1). NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: s/Joseph T. Walsh Justice 2

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