Gibson v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE DERRIS GIBSON, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 322, 2004 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID 93004839DI Submitted: December 3, 2004 Decided: January 19, 2005 Before STEELE, Chief Justice, HOLLAND, and RIDGELY, Justices. ORDER This 19th day of January 2005, after careful consideration of the parties briefs and the record below, 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 29, 2004. The Superior Court did not err in concluding that Gibson s motion for postconviction relief was time-barred and that Gibson 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/ Myron T. Steele Chief Justice

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