Henson v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE JAMES H. HENSON, JR. Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 398, 2017 Court Below—Superior Court of the State of Delaware Cr. ID 89004837DI (N) Submitted: March 9, 2018 Decided: May 7, 2018 Before STRINE, Chief Justice; VALIHURA and VAUGHN, Justices. ORDER The Court has considered carefully the parties’ briefs and the record on appeal. We conclude that the judgment below should be affirmed on the basis of the Superior Court’s decision adopting the Commissioner’s well-reasoned report dated August 7, 2017. The Superior Court did not err in concluding that Henson’s motion for postconviction relief was untimely and otherwise procedurally barred and that he 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/ Karen L. Valihura Justice

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