Boone v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE KEVIN H. BOONE, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 369, 2020 Court Below—Superior Court of the State of Delaware Cr. ID No. 1803002540 (N) Submitted: January 6, 2021 Decided: February 18, 2021 Before SEITZ, Chief Justice; VALIHURA and MONTGOMERY-REEVES, 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 judgment below should be affirmed on the basis of the Superior Court’s order, dated October 9, 2020, adopting the Commissioner’s report and recommendations, dated July 14, 2020, and denying the appellant’s motion for postconviction relief. Absent plain error, which we do not find here, the Court will not consider the appellant’s new argument on appeal that the Commissioner was biased because she previously imposed bail in excess of the guidelines upon him.1 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/ Colling J. Seitz, Jr. Chief Justice 1 Supr. Ct. R. 8. 2

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