Smith v. State

Full title: FREDERICK W. SMITH, Defendant Below-Appellant, v. STATE OF DELAWARE…

Court: Supreme Court of Delaware

Date published: Oct 18, 2005

886 A.2d 1278 (Del. 2005)

Opinion

No. 367, 2005.

Submitted: August 25, 2005.

Decided: October 18, 2005.

Superior Court of the State of Delaware in and for New Castle County, Cr. ID 93007368DI.

Before BERGER, JACOBS, and RIDGELY, Justices.

ORDER

Jack B. Jacobs, Justice.

This 18^th day of October 2005, after careful consideration of the appellant's opening brief and the State's motion to affirm, we find it manifest that the judgment of the Superior Court should be affirmed on the basis of the Superior Court's well-reasoned decision dated July 25, 2005. The Superior Court did not err in concluding that Smith's seventh motion for postconviction relief was time-barred and that Smith had failed to overcome this procedural hurdle.

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