Newman v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

MARSAAN L. NEWMAN, § §

Defendant Below, § No. 46, 2018 Appellant, § § Court Below—Superior Court v. § of the State of Delaware §

STATE OF DELAWARE, § Cr. ID No. 1202018751 (N)

§

Plaintiff Below, § Appellee. §

Submitted: August 15, 2018 Decided: September 17, 2018

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

ORDER

After careful consideration of the appellant’s opening brief, the appellee’s motion to affirm, and the record below, we conclude that the December 19, 2017 Superior Court order summarily dismissing the appellant’s second motion for postconviction relief should be affirmed. The Superior Court did not err in concluding that the motion was procedurally barred and did not satisfy the pleading requirements of Superior Court Criminal Rule 61(d)(2).

NOW, THEREFORE, IT IS ORDERED that motion to affirm is GRANTED and the judgment of the Superior Court is AFFIRMED.

BY THE COURT:

/s/ Karen L. Valihura

Justice