Morgan v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE THOMAS A. MORGAN, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 338, 2004 Court Below Superior Court of the State of Delaware, in and for Sussex County Cr. ID 00189563 Submitted: October 12, 2004 Decided: January 7, 2005 Before BERGER, JACOBS, and RIDGELY, Justices. ORDER This 7th day of January 2005, after careful consideration of the appellant s opening brief and the State s motion to affirm, 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 July 27, 2004. The Superior Court did not err in concluding that Morgan s motion for postconviction relief was time-barred and that Morgan had failed to overcome this procedural hurdle. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Jack B. Jacobs Justice

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