Nelson v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE BRYSHAWN NELSON, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 501, 2009 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID 0608004715 Submitted: October 9, 2009 Decided: November 30, 2009 Before BERGER, JACOBS, and RIDGELY, Justices. ORDER This 30th day of November 2009, 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 wellreasoned decision dated August 21, 2009. The Superior Court did not err in concluding that appellant s motion for postconviction relief was time-barred and that appellant had failed to overcome this procedural hurdle. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Jack B. Jacobs Justice

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