Smith v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE WALTER L. SMITH, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 344, 2012 Court Below Superior Court of the State of Delaware, in and for Sussex County Cr. ID 0105019765 Submitted: August 27, 2012 Decided: September 6, 2012 Before HOLLAND, BERGER, and JACOBS, Justices ORDER This 6th day of September 2012, after careful consideration of the 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 well-reasoned decision dated June 14, 2012. The Superior Court did not err in concluding that appellant s fourth 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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