Summers v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE WILLIAM GREGORY SUMMERS, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 168, 2003 Court Below Superior Court of the State of Delaware, in and for Kent County Cr.A. Nos. IK97-10-0448 and -0451 Cr. ID. 9704012286 Submitted: May 16, 2003 Decided: June 19, 2003 Before VEASEY, Chief Justice, HOLLAND, and STEELE, Justices. ORDER This 19th day of June 2003, 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 order dated March 6, 2003. The Superior Court did not err in concluding that Summers second motion for postconviction relief was procedurally barred by Superior Court Criminal Rules 61(i)(2) and 61(i)(3) and that Summers 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/ E. Norman Veasey Chief Justice 2

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