Harris v. State

Full title: SAMUEL L. HARRIS, Defendant Below-Appellant, v. STATE OF DELAWARE…

Court: SUPREME COURT OF THE STATE OF DELAWARE

Date published: Oct 9, 2014

No. 171, 2014 (Del. Oct. 9, 2014)

Opinion

No. 171, 2014

10-09-2014

SAMUEL L. HARRIS, Defendant Below-Appellant, v. STATE OF DELAWARE, Plaintiff Below-Appellee.

Karen L. Valihura Justice

Court Below—Superior Court of the State of Delaware, in and for Kent County Cr. ID 9801013999 Before STRINE, Chief Justice, HOLLAND, and VALIHURA, Justices ORDER

This 9^th day of October 2014, the Court has carefully considered the appellant's opening brief, the State's motion to affirm, the appellant's reply, and the record on appeal. We find it manifest that the Superior Court's order dated March 20, 2014, which denied the appellant's third motion for postconviction relief under Rule 61, should be affirmed. The motion was untimely and repetitive, and the appellant failed to assert a colorable claim of a miscarriage of justice under Rule 61(i)(5) sufficient to overcome these procedural bars.

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

BY THE COURT:

/s/ Karen L. Valihura

Justice