Felicetty v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE SHAWN FELICETTY, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 128, 2002 Court Below Superior Court of the State of Delaware, in and for Sussex County Cr. ID No. 9806003895 Submitted: April 2, 2002 Decided: May 7, 2002 Before WALSH, HOLLAND, and BERGER, Justices. ORDER This 7th day of May 2002, upon consideration of the appellant s opening brief and the State s motion to affirm, it is manifest that this matter must be affirmed on the basis of the Superior Court s well-reasoned decision dated March 6, 2002. The claims raised in Felicetty s postconviction petition were procedurally barred under Superior Court Criminal Rule 61(i). To the extent the issues were a refinement of issues raised by Felicetty and rejected by this Court in an earlier appeal,* Rule 61(i)(4) bars reconsideration of those issues. To the extent Felicetty failed to raise these * Felicetty v. State, 2002 WL 200967 (Del. Supr.). issues in his prior appeal, Rule 61(i)(3) bars consideration of these claims. Felicetty has failed to overcome these procedural hurdles. 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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