Franks v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE JEROME FRANKS, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 593, 2015 Court Below—Superior Court of the State of Delaware Cr. ID No. 89KO1032DI Submitted: November 25, 2015 Decided: January 11, 2016 Before HOLLAND, VALIHURA, and SEITZ, Justices. ORDER This 11th day of January 2016, after careful consideration of the parties’ respective positions, the Court concludes that the judgment below should be affirmed for reasons stated in the Superior Court’s decision dated October 15, 2015. The Superior Court did not err in concluding that the appellant’s seventh motion for postconviction relief was procedurally barred and that the motion failed to satisfy the pleading requirements of Superior Court Criminal Rule 61(d)(2) in order to overcome the procedural hurdles. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Collins J. Seitz, Jr. Justice