Denston v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE § § § § § § § § § § § GREGORY A. DENSTON, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. No. 167, 2004 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr.A. No. IN97-12-0863 and -0864 Submitted: June 15, 2004 Decided: August 13, 2004 Before STEELE, Chief Justice, HOLLAND, and JACOBS, Justices. ORDER This 13th day of August 2004, 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 decision dated April 16, 2004. The Superior Court did not err in concluding that Denston s motion for postconviction relief was both time-barred and repetitive and that Denston had failed to overcome these procedural hurdles.1 1 See Del. Super. Ct. R. 61(i)(1), (4). NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Jack B. Jacobs Justice 2

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