Harmon v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE DURWIN G. HARMON, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 367, 2010 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID 84000200DI Submitted: July 30, 2010 Decided: August 30, 2010 Before HOLLAND, BERGER, and JACOBS, Justices. ORDER This 30th 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 should be affirmed on the basis of the Superior Court=s wellreasoned decision dated May 20, 2010. The Superior Court did not err in concluding that appellant s third motion for postconviction relief was untimely and procedurally barred and that appellant had failed to overcome the procedural hurdles. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Carolyn Berger Justice

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