Benson v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE MICHAEL A. BENSON, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § § No. 401, 2005 Court Below Superior Court of the State of Delaware, in and for Kent County Cr. ID 9708021684 Submitted: October 18, 2005 Decided: December 13, 2005 Before STEELE, Chief Justice, HOLLAND, and BERGER, Justices. ORDER This 13th day of December 2005, after careful consideration of Michael Benson s opening brief and the State s motion to affirm, we find it manifest that the judgment below should be affirmed on the basis of the Superior Court=s wellreasoned decision dated August 24, 2005. The Superior Court did not err in concluding that Benson s second motion for postconviction relief was procedurally barred and that Benson had failed to overcome the procedural hurdles. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Myron T. Steele Chief Justice

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