Marchette v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE RICHARD D. MACHETTE, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 151, 2014 Court Below Superior Court of the State of Delaware, in and for Kent County Cr. ID 0608007451 Submitted: April 8, 2014 Decided: April 24, 2014 Before BERGER, JACOBS, and RIDGELY, Justices. ORDER This 24th day of April 2014, after careful consideration of the appellant s 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 decision dated March 11, 2014. 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/ Jack B. Jacobs Justice

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