Wilmer v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE GERALD A. WILMER, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 411, 2006 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID. 9603002509 Submitted: September 18, 2006 Decided: September 26, 2006 Before STEELE, Chief Justice, HOLLAND and BERGER, Justices. ORDER This 26th day of September 2006, after careful consideration of appellant s 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 wellreasoned decision dated July 11, 2006. It is clear that appellant s claims were previously litigated and thus barred by Superior Court Criminal Rule 61(i)(4). The Superior Court did not err in concluding that appellant 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/ Randy J. Holland Justice 2

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