Durney v. State

Full title: JOSHUA DURNEY, Defendant Below-Appellant, v. STATE OF DELAWARE, Plaintiff…

Court: SUPREME COURT OF THE STATE OF DELAWARE

Date published: Aug 3, 2017

No. 144, 2017 (Del. Aug. 3, 2017)

Opinion

No. 144, 2017

08-03-2017

JOSHUA DURNEY, Defendant Below-Appellant, v. STATE OF DELAWARE, Plaintiff Below-Appellee.

Collins J. Seitz, Jr. Justice

Court Below—Superior Court of the State of Delaware Cr. ID 1208013413 (K) Before VAUGHN, SEITZ, and TRAYNOR, Justices. ORDER

This 3^rd day of August 2017, after careful consideration of the opening brief, the State's motion to affirm, and the record, it is clear that the judgment below should be affirmed on the basis of, and for the reasons stated in, the Superior Court's well-reasoned decision dated March 8, 2017. The Superior Court did not err in concluding that the appellant's second motion for postconviction relief was subject to summary dismissal under Superior Court Criminal Rule 61(d)(2).

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

BY THE COURT:

/s/ Collins J . Seitz, Jr.

Justice