Pepper v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE MONTY C. PEPPER, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 456, 2008 Court Below Superior Court of the State of Delaware, in and for Kent County Cr. ID 0401017318 Submitted: September 26, 2008 Decided: December 11, 2008 Before STEELE, Chief Justice, HOLLAND, and RIDGELY, Justices. ORDER This 11th day of December 2008, 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 order dated August 19, 2008. The Superior Court did not err in concluding that appellant s second motion for postconviction relief was procedurally barred by Superior Court Criminal Rule 61(i)(1), (2) and (3) and that appellant had failed to overcome these procedural hurdles. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Myron T. Steele Chief Justice

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