Johnson v. State

Full title: KENNETH E. JOHNSON, Defendant-Appellant, v. STATE OF DELAWARE…

Court: SUPREME COURT OF THE STATE OF DELAWARE

Date published: Aug 20, 2013

(Del. Aug. 20, 2013)

Opinion

08-20-2013

KENNETH E. JOHNSON, Defendant-Appellant, v. STATE OF DELAWARE, Plaintiff-Appellee.

Henry duPont Ridgely

Court—Superior Court

of the State of Delaware,

in and for New Castle County

Cr. ID 9904015635

Before STEELE, Chief Justice, JACOBS, and RIDGELY, Justices

ORDER

This 20^thday of August 2013, after consideration of the parties' briefs and the record on appeal, we find it manifest that the judgment below should be affirmed on the basis of the Superior Court's decision dated March 27, 2013, which adopted the Commissioner's Report and Recommendation dated October 31, 2012. The Superior Court did not err in concluding that appellant's fourth motion for postconviction relief was procedurally barred and that appellant had failed to overcome the procedural hurdles.

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

BY THE COURT:

Henry duPont Ridgely

Justice