Hickman v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE LESTER HICKMAN, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 262, 2009 Court Below Superior Court of the State of Delaware in and for Sussex County Cr. ID No. 0104000979 Submitted: August 11, 2009 Decided: October 27, 2009 Before STEELE, Chief Justice, HOLLAND and BERGER, Justices ORDER This 27th day of October 2009, after careful consideration of the opening brief filed by the appellant, Lester Hickman, and the motion to affirm filed by the appellee, State of Delaware, we conclude that the judgment of the Superior Court should be affirmed on the basis of the Court s well-reasoned decision dated April 14, 2009. The Superior Court did not err when concluding that Hickman s fourth motion for postconviction relief was appropriately barred as procedurally defaulted1 without exception.2 1 2 Moreover, the Court agrees with the State that Del. Super. Ct. Crim. R. 61(i)(3). Del. Super. Ct. Crim. R. 61(i)(5). Hickman s fourth postconviction motion also is appropriately barred as untimely3 and repetitive4 without exception.5 NOW, THEREFORE, IT IS ORDERED that, pursuant to Supreme Court Rule 25(a), the State s motion to affirm is GRANTED. The judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Randy J. Holland Justice 3 Del. Super. Ct. Crim. R. 61(i)(1). Hickman s convictions were final in 2002. Hickman v. State, 2002 WL 1272154 (Del. Supr.). 4 Del. Super. Ct. Crim. R. 61(i)(2). See Hickman v. State, 2004 WL 2291343 (Del. Supr.) (affirming denial of first postconviction motion); Hickman v. State, 2007 WL 1096884 (Del. Supr.) (affirming denial of second postconviction motion); Hickman v. State, 2008 WL 2080682 (Del. Supr.) (affirming denial of third postconviction motion). 5 Del. Super. Ct. Crim. R. 61(i)(5). 2

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