Johnson v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE KENNETH JOHNSON, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 200, 2010 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID 9904015635 Submitted: June 28, 2010 Decided: August 3, 2010 Before STEELE, Chief Justice, HOLLAND and BERGER, Justices. ORDER This third day of August 2010, after careful consideration of appellant s opening brief and the State s motion to affirm, we find it manifest that the judgment below must be affirmed for the reasons stated in its decision dated March 24, 2010. The Superior Court did not err in denying appellant s second motion for postconviction relief because the motion was time-barred, repetitive, and formerly 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/ Randy J. Holland Justice

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