Kellum v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE MELVIN KELLUM, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 484, 2009 Court Below—Superior Court of the State of Delaware, in and for New Castle County Cr. ID 0609010553 Submitted: October 6, 2009 Decided: November 20, 2009 Before BERGER, JACOBS, and RIDGELY, Justices. ORDER This 20th day of November 2009, 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 wellreasoned decision dated August 18, 2009. The Superior Court did not err in concluding that appellant’s motion for postconviction relief was time-barred and that appellant 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