Opinion
No. 17, 2020
04-24-2020
Mark KIRK, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.
ORDER
After careful consideration of the appellant's opening brief, the State's motion to affirm, and the record on appeal, we conclude that the judgment of the Superior Court should be affirmed on the basis of its December 16, 2019 order, adopting the commissioner's well-reasoned order recommending that the appellant's sixth motion for postconviction relief be summarily dismissed. As the commissioner correctly noted, the appellant's claim that the Superior Court lacked jurisdiction is procedurally barred as having been previously adjudicated.
Del. Super. Ct. Crim. R. 61(i)(5).
Del. Super Ct. Crim. R. 61(i)(4) ; Kirk v. State , 2005 WL 3526325, at *2 (Del. Dec. 23, 2005) (rejecting Kirk's claim that the Superior Court lacked jurisdiction to reduce Kirk's convictions to lesser-included offenses in light of our holding in Williams v. State, 818 A.2d 906 (Del. 2003), and explicitly finding that the Superior Court did not violate any of Kirk's constitutional rights in doing so).
NOW, THEREFORE, IT IS ORDERED that the motion to affirm is GRANTED and the judgment of the Superior Court is AFFIRMED.