Roy v. State

Full title: KEVIN A. ROY, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff…

Court: SUPREME COURT OF THE STATE OF DELAWARE

Date published: Feb 6, 2018

No. 163, 2017 (Del. Feb. 6, 2018)

Opinion

No. 163, 2017

02-06-2018

KEVIN A. ROY, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee.

Gary F. Traynor Justice

Court Below—Superior Court of the State of Delaware, Cr. ID No. 0503015173 (N) Before STRINE, Chief Justice; SEITZ, and TRAYNOR, Justices. ORDER

This 6^th day of February 2018, after careful consideration of the opening brief, the State's motion to affirm, and the record on appeal, the Court concludes that the judgment below should be affirmed on the basis of the Superior Court's well-reasoned order dated March 13, 2017.¹ The Superior Court did not err in summarily dismissing the appellant's third motion for postconviction relief. As the Superior Court concluded, the motion was procedurally barred and failed to satisfy the pleading requirements of Superior Court Criminal Rule 61(d)(2).

1

NOW, THEREFORE, IT IS ORDERED that motion to affirm is GRANTED and the judgment of the Superior Court is AFFIRMED.

BY THE COURT:

/s/ Gary F . Traynor

Justice

State v. Roy, 2017 WL 1040715 (Del. Super. Ct. Mar 13, 2017).