Phlipot v. State

• Court: Supreme Court of Delaware
• Decided: July 14, 2017
• Docket: 240, 2017
• Status: Published

Opinion

IN THE SUPREME COURT OP THE STATE OF DELAWARE

ID. No. 0903021873 (S) Plaintif’f` Below~ Appellee.

MATTHEW M. PI-ILIPOT § § No. 240, 2017 Defendant Below- § Appellant, § § v. § Court Below_Superior Court- § of the State of Delaware STATE OF DELAWARE, § § § §

Submitted: June 30, 2017 Decided: July 14, 2017

Before VALIHURA, VAUGHN, and SEITZ, Justices. 0 R D E R

This 14‘h day of July 2017, after careful consideration of the opening brief and the State’s motion to aftirm, it is clear that the judgment below should be affirmed on the basis of, and for the reasons assigned by, the Superior Court in its well-reasoned decision dated May 24, 2017, The Superior Court did not err in concluding that Phlipot’s second motion for postconviction relief was untimely and repetitive and that Phlipot had failed to overcome these procedural hurdles.

NOW, TI-[EREFORE, IT IS ORDERED that the judgment of the Superior

Court is AFFIRMED.

THE COURT:

Justice