IN THE SUPREME COURT OF THE STATE OF DELAWARE
WARREN CHAPMAN,
Defendant BelowAppellant,
v.
STATE OF DELAWARE,
Plaintiff BelowAppellee.
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No. 244, 2011
Court Below—Superior Court
of the State of Delaware,
in and for Kent County
Cr. ID 9905015253
Submitted: August 17, 2011
Decided: October 12, 2011
Before STEELE, Chief Justice, HOLLAND, and RIDGELY, Justices
ORDER
This 12th day of October 2011, after careful consideration of the parties’
arguments on appeal, we find it manifest that the judgment below should be
affirmed on the basis of the Superior Court=s April 27, 2011 order adopting the
Commissioner’s report dated November 23, 2010. The Superior Court did not err
in concluding that appellant’s third motion for postconviction relief was untimely,
and 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/ Myron T. Steele
Chief Justice
