Miller v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE THOMAS R. MILLER, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 25, 2003 Court Below Superior Court of the State of Delaware, in and for Sussex County Cr.A. Nos. 92-12-0044 and -0045 Cr. ID. 92S05488DI Submitted: March 4, 2003 Decided: March 17, 2003 Before HOLLAND, BERGER, and STEELE, Justices. ORDER This 17th day of March 2003, after careful consideration of the opening brief and the State s motion to affirm, we find it manifest that the judgment below should be affirmed on the basis of the Superior Court=s well-reasoned decision dated January 9, 2003. The Superior Court did not err in concluding that Miller s motion for postconviction relief was time-barred under Superior Court Criminal Rule 61(i)(1) and that Miller had failed to overcome this procedural hurdle. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Carolyn Berger Justice

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