Epperson v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE KEVIN S. EPPERSON, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 285, 2005 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID. 9408009291 Submitted: August 16, 2005 Decided: September 19, 2005 Before BERGER, JACOBS, and RIDGELY Justices. ORDER This 19th day of September 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 June 17, 2005. The Superior Court did not err in concluding that Epperson s sixth motion for postconviction relief was timebarred and that Epperson 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/ Jack B. Jacobs Justice

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