Folks v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE JOE LOUIS FOLKS, JR., Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 223, 2007 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID 30103873DI Submitted: May 30, 2007 Decided: August 3, 2007 Before STEELE, Chief Justice, JACOBS, and RIDGELY, Justices. ORDER This 3rd day of August 2007, 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 April 19, 2007. The Superior Court did not err in concluding that appellant s third motion for postconviction relief was timebarred and 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/Henry duPont Ridgely Justice

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