Duhadaway v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE HENRY A. DUHADAWAY, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 407, 2002 Court Below Superior Court of the State of Delaware, in and for Sussex County Cr.A. Nos. S01-06-0396 S01-09-0423 Submitted: July 26, 2002 Decided: September 24, 2002 Before VEASEY, Chief Justice, WALSH and STEELE, Justices ORDER This 24th day of September 2002, the Court has considered the appellee s motion to affirm pursuant to Supreme Court Rule 25(a) and finds it manifest on the face of the appellant s opening brief that the appeal is without merit for the reasons stated by the Superior Court in its well-reasoned decision dated June 19, 2002.1 1 Duhadaway s complaint that he was not afforded an evidentiary hearing on his motion for postconviction relief was not presented to the Superior Court in the first instance and is, therefore, not properly before us in this appeal. SUPR. CT. R. 8. Our review of the record does not reflect any abuse of discretion on the part of the Superior Court in summarily denying Duhadaway s motion in any case. SUPER. CT. CRIM. R. 61(h). NOW, THEREFORE, IT IS ORDERED that the appellee s motion to affirm is GRANTED. The judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ E. Norman Veasey Chief Justice -2-
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