Opinion
Cr. ID. 51 2024
06-28-2024
GIBSON A. HALL, Defendant Below, Appellant, v. STATE OF DELAWARE, Appellee.
Submitted: April 18, 2024
Court Below-Superior Court of the State of Delaware Cr. ID No. 88004234DI (N)
Before VALIHURA, TRAYNOR, and LEGROW, Justices.
ORDER
Gary F. Traynor Justice.
After consideration of the appellant's opening brief, the State's motion to affirm, and the Superior Court record, we find it evident that the judgment below should be affirmed on the basis of and for the reasons cited by the Superior Court in its January 16, 2024 order denying the appellant's repetitive motion for postconviction relief.
The appellant has also filed a motion asking the Court to take judicial notice of the motion for postconviction relief that he filed in the Superior Court because the State omitted a portion of that motion from its motion to affirm. The Superior Court transmitted the entire trial court record- including the appellant's most recent motion for postconviction relief-to the Court in connection with his appeal. The appellant's motion to take judicial notice of that postconviction motion is therefore moot.
It appears from the record that the Superior Court's order on appeal denied the appellant's fourth motion for postconviction relief.
State v. Hall, 2024 WL 168387 (Del. Super. Ct. Jan. 16, 2024). To the extent that the appellant questions the authenticity of the copy of the indictment that the Superior Court provided to him and argues that he was never indicted, he has previously acknowledged that he was, in fact, indicted by a Superior Court grand jury. See Hall v. State, No. 288, 2008, Docket Entry No. 7, Opening Br. at 3 (Del. filed July 24, 2008) ("Gibson Hall was named in a two-count indictment by the Grand Jury of New Castle County, Delaware on August 7, 1979. The indictment charged him with first degree murder, in violation of 11 Del. C. § 636(a)(1), and possession of a deadly weapon during the commission of a felony, 11 Del. C. § 1447(a).").
NOW, THEREFORE, IT IS HEREBY ORDERED that the judgment of the Superior Court be AFFIRMED.