Thomas v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE ANDRE R. THOMAS, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 38, 2009 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID 9811014143 Submitted: June 12, 2009 Decided: July 20, 2009 Before STEELE, Chief Justice, JACOBS, and RIDGELY, Justices. ORDER This 20th 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 12, 2009. The Superior Court did not err in concluding that appellant s second motion for postconviction relief was untimely and otherwise barred and that appellant failed to overcome the 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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