Boone v. State
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.
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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