Opinion
No. 508, 2001
Submitted: January 25, 2002
Decided: February 12, 2002
Court Below — Superior Court of the State of Delaware, in and for New Castle County; Cr. ID No. 9612002650
Affirmed.
Unpublished Opinion is below.
MARK KIRK, Defendant Below-Appellant, v. STATE OF DELAWARE, Plaintiff Below-Appellee. No. 508, 2001 Supreme Court of the State of Delaware. Submitted: January 25, 2002 Decided: February 12, 2002
Before VEASEY, Chief Justice, BERGER, and STEELE, Justices.
STEELE, J.
ORDER
This 12th day of February 2002, upon consideration of the appellant's opening brief and the State's motion to affirm, it is manifest to the Court that this matter must be affirmed on the basis of and for the reasons set forth in the Superior Court's well-reasoned decision dated June 25, 2001. The claims raised in Kirk's second postconviction petition were procedurally barred under Superior Court Criminal Rule 61(i)(2) because the claims could and should have been raised by Kirk in his first postconviction petition.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: