Bass v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE ALAN S. BASS, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 128, 2013 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID 83000508DI Submitted: May 8, 2013 Decided: May 31, 2013 Before STEELE, Chief Justice, HOLLAND and BERGER, Justices. ORDER This 31st day of June 2013, after careful consideration of the opening brief, the motion to affirm, and the record on appeal, we find it manifest that the judgment below should be affirmed on the basis of the Superior Court s judgment adopting the well-reasoned decision of the Commissioner dated December 24, 2012. The Superior Court did not err in concluding that appellant s fifth motion for postconviction relief was procedurally barred and that appellant had failed to overcome the 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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