Bodnari v. State

Full title: JULIAN BODNARI, Defendant Below-Appellant, v. STATE OF DELAWARE, Plaintiff…

Court: Supreme Court of Delaware

Date published: Jan 18, 2006

892 A.2d 1083 (Del. 2006)

Opinion

No. 160, 2005.

Submitted: November 4, 2005.

Decided: January 18, 2006.

Court Below — Superior Court of the State of Delaware in and for Sussex County, Cr. ID No. 9909027880.

Before STEELE, Chief Justice, BERGER and JACOBS, Justices.

ORDER

CAROLYN BERGER, Justice.

This 18^th day of January 2006, upon consideration of the briefs of the parties and the record below, it appears to the Court that the judgment of the Superior Court should be affirmed on the basis of and for the reasons set forth in its decision dated February 28, 2005. In addition, we find no merit to the appellant's claim that he was prejudiced by not receiving the State's answer to his postconviction motion and the affidavit of his trial counsel prior to the issuance of the Superior Court's decision. Even assuming that the appellant did not receive copies of those documents prior to the issuance of the Superior Court's decision, our review of the record in this case does not indicate that that error resulted in any prejudice to the appellant.

NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.