Davis v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE DAVID M. DAVIS, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 450, 2013 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID 0207002276 Submitted: November 26, 2013 Decided: December 5, 2013 Before HOLLAND, BERGER, and JACOBS, Justices ORDER This 5th day of December 2013, after careful consideration of the opening brief and motion to affirm, we find it manifest that the judgment below should be affirmed on the basis of the Superior Court=s well-reasoned decision dated August 16, 2013. The Superior Court did not err in concluding that appellant s second 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/ Carolyn Berger Justice

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