Foreman v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE DAVID FOREMAN, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § No. 599, 2018 § § Court Below—Superior Court § of the State of Delaware § § Cr. ID No. 1007011701(S) § § § Submitted: March 5, 2019 Decided: April 30, 2019 Before VAUGHN, SEITZ, and TRAYNOR, Justices. ORDER After careful consideration of the appellant’s opening brief, the State’s motion to affirm, and the record on appeal, we conclude that the judgment below should be affirmed on the basis of and for the reasons assigned by the Superior Court’s order, dated November 15, 2018, denying the appellant’s third motion for postconviction relief as procedurally barred under Superior Court Rule 61(i)(1), (i)(2), and (i)(3). The appellant has not pleaded any circumstances under Rule 61(d)(2)(i) or (d)(2)(ii) that overcome the procedural bars set forth in Rule 61. 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 2

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