Franklin v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE JOHN M. FRANKLIN, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 623, 2012 Court Below Superior Court of the State of Delaware, in and for Sussex County Cr. ID 0304010407C Submitted: May 23, 2013 Decided: June 18, 2013 Before STEELE, Chief Justice, HOLLAND and BERGER, Justices ORDER This 18th day of June 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 well-reasoned, twenty-one page opinion dated November 7, 2012. The Superior Court did not err in concluding that appellant s third 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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