Chapman v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE WARREN CHAPMAN, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 244, 2011 Court Below Superior Court of the State of Delaware, in and for Kent County Cr. ID 9905015253 Submitted: August 17, 2011 Decided: October 12, 2011 Before STEELE, Chief Justice, HOLLAND, and RIDGELY, Justices ORDER This 12th day of October 2011, after careful consideration of the parties arguments on appeal, we find it manifest that the judgment below should be affirmed on the basis of the Superior Court=s April 27, 2011 order adopting the Commissioner s report dated November 23, 2010. The Superior Court did not err in concluding that appellant s third motion for postconviction relief was untimely, and 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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