Johnson v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE KENNETH E. JOHNSON, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 206, 2013 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID 9904015635 Submitted: August 2, 2013 Decided: August 20, 2013 Before STEELE, Chief Justice, JACOBS, and RIDGELY, Justices ORDER This 20th day of August 2013, after 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 March 27, 2013, which adopted the Commissioner s Report and Recommendation dated October 31, 2012. The Superior Court did not err in concluding that appellant s fourth 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/ Henry duPont Ridgely Justice

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