Claudio v. State

Full title: CARMELO J. CLAUDIO, Defendant-Appellant, v. STATE OF DELAWARE…

Court: SUPREME COURT OF THE STATE OF DELAWARE

Date published: Jun 9, 2014

No. 125, 2014 (Del. Jun. 9, 2014)

Opinion

No. 125, 2014

06-09-2014

CARMELO J. CLAUDIO, Defendant-Appellant, v. STATE OF DELAWARE, Plaintiff-Appellee.

Henry duPont Ridgely

Court—Superior Court

of the State of Delaware,

in and for New Castle County

Cr. ID 87001256DI

Before STRINE, Chief Justice, BERGER, and RIDGELY, Justices

ORDER

This 9^th day of June 2014, after careful consideration of appellant's opening brief and the State's motion to affirm, we find it manifest that the judgment below should be affirmed on the basis of the Superior Court's order dated February 18, 2014, which adopted the Commissioner's report dated January 30, 2014. The Superior Court did not err in concluding that appellant's sixth motion for postconviction relief was barred by Superior Court Criminal Rule 61 and that appellant had failed to overcome the procedural hurdles.

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

BY THE COURT:

Henry duPont Ridgely

Justice