Henson v. State

• Court: Supreme Court of Delaware
• Decided: May 7, 2018
• Docket: 398, 2017
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

JAMES H. HENSON, JR. § § No. 398, 2017 Defendant Below- § Appellant, § § v. § Court Below—Superior Court § of the State of Delaware STATE OF DELAWARE, § § Cr. ID 89004837DI (N) Plaintiff Below- § Appellee. §

Submitted: March 9, 2018 Decided: May 7, 2018

Before STRINE, Chief Justice; VALIHURA and VAUGHN, Justices.

ORDER

The Court has considered carefully the parties’ briefs and the record on

appeal. We conclude that the judgment below should be affirmed on the basis of

the Superior Court’s decision adopting the Commissioner’s well-reasoned report

dated August 7, 2017. The Superior Court did not err in concluding that Henson’s

motion for postconviction relief was untimely and otherwise procedurally barred

and that he had failed to overcome the procedural hurdles.

NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior

Court is AFFIRMED.

BY THE COURT:

/s/ Karen L. Valihura Justice