Elliott v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE ANDRE ELLIOTT, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 458, 2006 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID 0005023797 Submitted: October 30, 2006 Decided: December 18, 2006 Before STEELE, Chief Justice, HOLLAND, and JACOBS, Justices. ORDER This 18th 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 of the Superior Court should be affirmed on the basis of the Superior Court=s well-reasoned decision dated August 2, 2006. The Superior Court did not err in concluding that appellant s second 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/ Jack B. Jacobs Justice

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