Rhoades v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE DAVID W. RHOADES, § § § § § § § § § § § Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. No. 71, 2005 Court Below Superior Court of the State of Delaware, in and for County Cr. ID. 0110007432 Submitted: April 8, 2005 Decided: May 5, 2005 Before STEELE, Chief Justice, JACOBS, and RIDGELY, Justices. ORDER This 5th day of May 2005, the Court has carefully considered the appellant s opening brief, the State s motion to affirm 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 January 31, 2005. The Superior Court did not err in concluding that David Rhoades second motion for postconviction relief was procedurally barred by Superior Court Criminal Rule 61(i)(2) and that Rhoades 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/ Henry duPont Ridgely Justice 2

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