Gibbs v. State

Full title: MYRON GIBBS, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff…

Court: SUPREME COURT OF THE STATE OF DELAWARE

Date published: Aug 7, 2017

No. 143, 2017 (Del. Aug. 7, 2017)

Opinion

No. 143, 2017

08-07-2017

MYRON GIBBS, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee.

Collins J. Seitz, Jr. Justice

Court Below—Superior Court of the State of Delaware Cr. ID No. 0911008893 (N) Before VAUGHN, SEITZ, and TRAYNOR, Justices. ORDER

This 7^th day of August 2017, after careful consideration of the appellant's opening brief, the appellee's motion to affirm, and the record below, we find it manifest that the judgment below should be affirmed on the basis of the Superior Court's order, dated February 28, 2017, adopting the report and recommendations of the Commissioner. The Superior Court did not err in concluding that the appellant's second motion for postconviction relief was procedurally barred by Superior Court Criminal Rule 61 and that the appellant had failed to overcome the procedural hurdles.

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