Franklin v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE JOHN M. FRANKLIN, Defendant-Below, Appellant, v. STATE OF DELAWARE, Plaintiff-Below, Appellee. § § § § § § § § § § § No. 240, 2014 Court Below: Superior Court of the State of Delaware, in and for Sussex County Cr. ID 0304010407C Submitted: June 26, 2014 Decided: July 22, 2014 Before STRINE, Chief Justice, HOLLAND, and RIDGELY, Justices ORDER This 22nd day of July 2014, after careful consideration of appellant John Franklin 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 well-reasoned opinion dated April 30, 2014. The Superior Court did not err in concluding that Franklin s fourth motion for postconviction relief was procedurally barred and that he had failed to overcome the procedural hurdles. We also find no abuse of the Superior Court s discretion in denying Franklin s request for the appointment of counsel. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Leo E. Strine, Jr. Chief Justice 2

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