Wilmer v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE GERALD A. WILMER, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 166, 2008 Court Below Superior Court of the State of Delaware in and for New Castle County Cr. ID No. 9603002509 Submitted: May 23, 2008 Decided: August 4, 2008 Before STEELE, Chief Justice, HOLLAND and BERGER, Justices. ORDER This 4th day of August 2008, after carefully considering the appellant s opening brief, the appellee s motion to affirm and the record, the Court concludes that the Superior Court s judgment should be affirmed on the basis of, and for the reasons set forth in, the March 5, 2008 decision on appeal. The Superior Court did not err when determining that appellant s fourth motion for postconviction relief was time-barred, that the claims therein were either repetitive or formerly adjudicated, and that appellant failed to overcome those procedural hurdles. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Randy J. Holland Justice

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