Smith v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE FREDERICK W. SMITH, JR., § § § § § § § § § § § Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. No. 35, 2005 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID. 93007368DI Submitted: February 9, 2005 Decided: March 14, 2005 Before HOLLAND, BERGER, and JACOBS, Justices. ORDER This 14th day of March 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 January 14, 2005. The Superior Court did not err in concluding that the claim raised in Smith s fifth motion for postconviction relief was both time-barred and previously adjudicated and that Smith had failed to overcome these procedural hurdles. See Del. Super. Ct. R. 61(i)(1), (i)(4). NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Carolyn Berger Justice 2

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