DEFENDANT ID NO. 9509002602

Full title: Defendant ID No. 9509002602

Court: Superior Court of Delaware for Sussex County

Date published: Oct 3, 2006

(Del. Super. Ct. Oct. 3, 2006)

Opinion

October 3, 2006.

Timothy Hembree, SBI No., Smyrna, DE.

T. HENLEY GRAVES, Resident Judge

Dear Mr. Hembree:

Your fourth (4^th) Motion for Postconviction relief was filed on September 20, 2006. It is procedurally barred.

You claim that the record does not adequately establish that your waiver of indictment was done so knowingly and intelligently.

In your second Motion for Postconviction Relief, you claimed an "unconstitutionally deficient waiver" of indictment. Your claim was denied. Therefore, it has been previously adjudicated and barred pursuant to Superior Court Criminal Rule 61(i)(4).

It is also barred as repetitive. Superior Court Criminal Rule 61(i)(2). Finally, you were sentenced over ten years ago. Your conviction was affirmed by the Supreme Court. Timothy J. Hembree v. State, Del. Supr. No. 95, 1996, Veasey, CJ. (Jan. 7, 1993) (ORDER). All subsequent attacks have been denied. Therefore, Superior Court Criminal Rule 61(i)(1) also bars this claim.

Defendant's 4^th Motion for Postconviction Relief is denied.

IT IS SO ORDERED.