Hembree v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE TIMOTHY HEMBREE, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 548, 2004 Court Below Superior Court of the State of Delaware, in and for Sussex County Cr. ID. 9509002602 Submitted: January 13, 2005 Decided: February 22, 2005 Before STEELE, Chief Justice, HOLLAND and BERGER, Justices. ORDER This 22nd day of February 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 December 7, 2004. The Superior Court did not err in concluding that Hembree s motion for postconviction relief was procedurally barred by Superior Court Criminal Rules 61(i)(1), (i)(2), and (i)(3) and that Hembree had failed to overcome these procedural hurdles. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Randy J. Holland Justice 2

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