Brown v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE ROBERT D. BROWN, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 540, 2008 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID 0605017922 Submitted: January 30, 2009 Decided: April 7, 2009 Before STEELE, Chief Justice, JACOBS, and RIDGELY, Justices. ORDER This 7th day of April 2009, after careful consideration of the parties briefs, we find it manifest that the judgment below should be affirmed on the basis of the Superior Court=s well-reasoned decision dated October 16, 2008. The Superior Court did not err in concluding that appellant s second motion for postconviction relief was procedurally defaulted. His motion was both time-barred and repetitive, and appellant failed to overcome these procedural hurdles. 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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