Webb v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE WILLIAM J. WEBB, JR., Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 430, 2006 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID. 9907017204 Submitted: August 30, 2006 Decided: October 25, 2006 Before STEELE, Chief Justice, HOLLAND, and RIDGELY, Justices. ORDER This 25th day of October 2006, after careful consideration of Webb s opening brief and the State s motion to affirm, we conclude that the judgment of the Superior Court, which denied Webb s motion for reargument as untimely, must be affirmed. It is manifest from the record that Webb s motion for reargument, which was filed nearly three weeks after the Superior Court denied Webb s motion for postconviction relief, was untimely. Moreover, because Webb did not timely file for reargument and did not timely appeal from the order denying postconviction relief, this Court is without jusridiction to consider his claims challenging the denial of postconviction relief. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Myron T. Steele Chief Justice 2

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