Shah a/k/a Lindsey v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE KUSHAL SHAH a/k/a GERRON LINDSEY, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § § No. 665, 2010 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID 0002019769 Submitted: February 25, 2011 Decided: April 11, 2011 Before STEELE, Chief Justice, JACOBS, and RIDGELY, Justices. ORDER This 11th day of April 2011, upon consideration of the parties briefs and the record on appeal, we find it manifest that the judgment below should be affirmed on the basis of the Superior Court s October 7, 2010 decision. The trial court did not err in concluding that appellant s sixth motion for postconviction relief was procedurally barred as untimely, repetitive, and previously adjudicated and that appellant had failed to overcome these procedural hurdles. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Henry duPont Ridgely Justice

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