Claudio v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE CARMELO J. CLAUDIO, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 125, 2014 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID 87001256DI Submitted: May 15, 2014 Decided: June 9, 2014 Before STRINE, Chief Justice, BERGER, and RIDGELY, Justices ORDER This 9th day of June 2014, 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 order dated February 18, 2014, which adopted the Commissioner s report dated January 30, 2014. The Superior Court did not err in concluding that appellant s sixth motion for postconviction relief was barred by Superior Court Criminal Rule 61 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/ Henry duPont Ridgely Justice

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