Fatir v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE AMIR FATIR, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 250, 2013 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID 75060892DI Submitted: October 25, 2013 Decided: November 20, 2013 Before HOLLAND, BERGER and RIDGELY, Justices ORDER This 20th day of November 2013, 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 April 25, 2013, adopting the Commissioner s report and recommendation. The Superior Court did not err in concluding that appellant s sixth motion for postconviction relief was procedurally barred and that appellant had failed to overcome the procedural hurdles. Moreover, we find no abuse of discretion in the Superior Court s denial of appellant s motion for a copy of his trial transcripts at State expense. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Randy J. Holland Justice 2

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