Epperson v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE KEVIN S. EPPERSON, § § § § § § § § § § § Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. No. 251, 2003 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr.A. Nos. IN94-08-1484 and -1485 Cr. ID. 9408009291 Submitted: June 10, 2003 Decided: June 18, 2003 Before VEASEY, Chief Justice, HOLLAND, and BERGER, Justices. ORDER This 18th day of June 2003, after careful consideration of the appellant s opening brief, the State s motion to affirm, and the record below, we find it manifest on the face of the opening brief that the judgment of the Superior Court should be affirmed on the basis of the Superior Court s wellreasoned order dated May 7, 2003. Epperson s latest postconviction petition, his fourth since he was convicted in 1996, was clearly barred by the procedural requirements of Superior Court Criminal Rule 61(i)(1) and Rule 61(i)(4). The claim raised in the petition was both untimely and previously adjudicated, and Epperson failed to establish that reconsideration of the claim was warranted in the interest of justice. 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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