White v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE WAVERLY WHITE, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 475, 2006 Court Below Superior Court of the State of Delaware, in and for Sussex County Cr. ID 0110013949 Submitted: October 30, 2006 Decided: December 15, 2006 Before HOLLAND, BERGER, and JACOBS, Justices. ORDER This 15th day of December 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 August 16, 2006. The Superior Court did not err in concluding that appellant s fourth motion for postconviction relief was procedurally barred and that he had failed to overcome the procedural hurdles. 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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