Foreman v. State of Delaware

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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. 133, 2020 Court Below—Superior Court of the State of Delaware Cr. ID No. 1007011701 (S) Submitted: May 6, 2020 Decided: June 12, 2020 Before VALIHURA, VAUGHN, 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 the Superior Court’s order, dated March 4, 2020 and docketed March 6, 2020, denying the appellant’s fourth motion for postconviction relief as procedurally barred. As the Superior Court observed, 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 61,1 nor does he claim that the Superior Court lacked jurisdiction.2 1 2 Del. Super. Ct. Crim. R. 61(i). Id. R. 61(i)(5). 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/ James T. Vaughn, Jr. Justice 2

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