Pierce v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE GARY PIERCE, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 318, 2012 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID 0407019516 Submitted: August 9, 2012 Decided: August 28, 2012 Before HOLLAND, BERGER, and JACOBS, Justices ORDER This 28th day of August 2012, after careful consideration of the opening brief, the State s motion to affirm, and the record on appeal, we find it manifest that the judgment below should be affirmed on the basis of the Superior Court=s well-reasoned decision dated May 17, 2012. The Superior Court did not err in concluding that appellant s third motion for postconviction relief was 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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