Washington v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE KEVIN WASHINGTON, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 242, 2005 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID 9603000529 Submitted: July 27, 2005 Decided: September 13, 2005 Before HOLLAND, JACOBS and RIDGELY, Justices. ORDER This 13th day of September 2005, after careful consideration of 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 May 17, 2005. The Superior Court did not err in concluding that Washington s claims for postconviction relief were both time-barred and previously adjudicated under Superior Court Criminal Rules 61(i)(1) and 61(i)(4) and that Washington 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/ Jack B. Jacobs Justice 2

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