Brathwaite v. State

Full title: KEVIN C. BRATHWAITE, Defendant Below-Appellant, v. STATE OF DELAWARE…

Court: SUPREME COURT OF THE STATE OF DELAWARE

Date published: May 30, 2018

No. 468, 2017 (Del. May. 30, 2018)

Opinion

No. 468, 2017

05-30-2018

KEVIN C. BRATHWAITE, Defendant Below-Appellant, v. STATE OF DELAWARE, Plaintiff Below-Appellee.

James T. Vaughn, Jr. Justice

Court Below—Superior Court of the State of Delaware ID. No. 9510007098 (N) Before VALIHURA, VAUGHN, and SEITZ, Justices. ORDER

This 30^th day of May 2018, after careful consideration of the appellant's opening brief, the State's motion to affirm, and the record, we conclude that the judgment below should be affirmed for the reasons stated in the Superior Court's well-reasoned decision dated October 23, 2017. The Superior Court did not err in concluding that the appellant's fourth motion for postconviction relief was procedurally barred and that the appellant failed to overcome the procedural hurdles.

NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.

BY THE COURT:

/s/ James T. Vaughn, Jr.

Justice