Hitchens v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE RODNEY HITCHENS, § § § § § § § § § § § Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. No. 487, 2002 Court Below Superior Court of the State of Delaware, in and for Sussex County Cr.A. No. IN86-05-0174 and -0175 Cr. ID. 86S10105DI Submitted: October 7, 2002 Decided: October 18, 2002 Before HOLLAND, BERGER, and STEELE, Justices. ORDER This 18th day of October 2002, after careful consideration of the appellant s opening brief and the State s motion to affirm, we find it manifest that the judgment of the Superior Court should be affirmed on the basis of the Superior Court=s well-reasoned decision dated August 12, 2002. The Superior Court did not err in concluding that Hitchens motion for postconviction relief was procedurally barred by Superior Court Criminal Rules 61(i)(1), 61(i)(2), and 61(i)(4) and that Hitchens had failed to overcome these procedural hurdles. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Carolyn Berger Justice 2

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