Caldwell v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE FRED T. CALDWELL, § § § § § § § § § § § Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. No. 478, 2007 Court Below Superior Court of the State of Delaware, in and for County Cr. ID 9804006339 Submitted: December 10, 2007 Decided: February 20, 2008 Before STEELE, Chief Justice, HOLLAND and BERGER, Justices. ORDER This 20th day of February 2008, after careful consideration of appellant 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 order, dated August 27, 2007, adopting the Commissioner s recommendation to deny appellant s motion as procedurally barred. It is clear that appellant s second motion for postconviction relief was procedurally barred by Rule 61(i)(1), 61(i)(2), and 61(i)(3), and that appellant 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/ Randy J. Holland Justice 2

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