Carter v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE § § § § § § § § § § § JERMAINE CARTER, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. No. 516, 2018 Court Below—Superior Court of the State of Delaware Cr. ID No. 0810013184 (N) Submitted: October 26, 2018 Decided: December 10, 2018 Before VAUGHN, SEITZ, and TRAYNOR, Justices. ORDER After careful consideration of the appellant’s opening brief, the appellee’s motion to affirm, and the record on appeal, we conclude that the September 11, 2018 Superior Court order denying the appellant’s third motion for postconviction relief under Superior Court Criminal Rule 61 should be affirmed. The Superior Court did not err in concluding that the motion was procedurally barred and did not satisfy the pleading requirements of Rule 61(d)(2). NOW, THEREFORE, IT IS ORDERED that the motion to affirm is GRANTED and the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Collins J. Seitz, Jr. Justice

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