Boone v. State

CourtSupreme Court of Delaware
DecidedFebruary 18, 2021
Docket369, 2020
StatusPublished

This text of Boone v. State (Boone v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boone v. State, (Del. 2021).

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

KEVIN H. BOONE, § § Defendant Below, § No. 369, 2020 Appellant, § § Court Below—Superior Court v. § of the State of Delaware § STATE OF DELAWARE, § Cr. ID No. 1803002540 (N) § Plaintiff Below, § Appellee. §

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.

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Boone v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boone-v-state-del-2021.