Samuel v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE HARRY L. SAMUEL, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 279, 2008 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID 93005924DI Submitted: October 17, 2008 Decided: December 18, 2008 Before STEELE, Chief Justice, HOLLAND, and BERGER, Justices. ORDER This 18th day of December 2008, after careful consideration of the parties briefs and the record on appeal, we find it manifest that the judgment below should be affirmed on the basis of the Superior Court s decision dated May 21, 2008. The Superior Court did not err in concluding that appellant s third motion for postconviction relief was time-barred, repetitive, and previously adjudicated 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

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