Culp v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE CATHERINE W. CULP, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. ) ) ) ) ) ) ) ) ) ) ) No. 478, 2009 Court Below: Superior Court of the State of Delaware in and for Kent County Cr. ID No. 9807019438 Submitted: November 4, 2009 Decided: December 8, 2009 Before STEELE, Chief Justice, HOLLAND and JACOBS, Justices. ORDER This 8th day of December 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 July 13, 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/ Myron T. Steele Chief Justice

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