Roy v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE KEVIN A. ROY, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 76, 2009 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID 0503015173 Submitted: June 12, 2009 Decided: July 15, 2009 Before STEELE, Chief Justice, JACOBS, and RIDGELY, Justices. ORDER This 15th day of July 2009, after careful consideration of the parties briefs and the record on appeal, we find it manifest that the judgment below should be affirmed on the basis of the Superior Court=s well-reasoned decision dated January 22, 2009. The Superior Court did not err in concluding that appellant s motion for postconviction relief was procedurally barred. The motion was untimely and previously adjudicated, 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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