Carney v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE PARIS L. CARNEY, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 456, 2004 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr.A. No. IN01-01-0018 Cr. ID. 0012013208 Submitted: January 7, 2005 Decided: February 23, 2005 Before STEELE, Chief Justice, HOLLAND, and BERGER, Justices. ORDER This 23rd day of February 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 September 24, 2004. The Superior Court did not err in concluding that the motion for postconviction relief was time-barred under Superior Court Criminal Rule 61(i)(1) and that Carney 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/ Randy J. Holland Justice 2

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