Opinion
No. 57, 2011.
Submitted: June 1, 2011.
Decided: August 18, 2011.
Court Below — Superior Court of the State of Delaware, in and for New Castle County, Cr. ID No. 30500267DI.
Before BERGER, JACOBS and RIDGELY, Justices.
ORDER
This 18th day of August 2011, upon consideration of the appellant's opening brief and the appellee's motion to affirm, it appears to the Court that:
See Del. Supr. Ct. R. 25(a) (governing motion to affirm).
(1) The appellant filed this appeal from the Superior Court's January 18, 2011 denial of his fourth motion for postconviction relief. It is manifest on the face of the appellant's opening brief that the Superior Court's judgment should be affirmed on the basis of the court's well-reasoned decision dated January 18, 2011. The Superior Court did not err when determining that the appellant's fourth motion for postconviction relief was procedurally barred, and that the appellant offered no reason to excuse the procedural defaults.
See State v. Grayson, 2011 WL 285599 (Del. Super.) (denying fourth motion for postconviction relief).
NOW, THEREFORE, IT IS ORDERED that the appellee's motion to affirm is GRANTED. The judgment of the Superior Court is AFFIRMED.