Opinion
No. 39, 2011.
Submitted: March 23, 2011.
Decided: April 12, 2011.
Court Below — Superior Court of the State of Delaware, in and for New Castle County, Cr. ID 0004014391, 0004013690, 0004014388, 0004014392, 0004014394, 0004014399, and 0004014402.
Before STEELE, Chief Justice, HOLLAND, and RIDGELY, Justices.
ORDER
This 12th day of April 2011, upon consideration of the appellant's opening brief, the State's motion to affirm, and the record on appeal, it appears to the Court that:
(1) The appellant, Elwood Teagle, filed this appeal from the Superior Court's denial of his motion for postconviction relief. The State has filed a motion to affirm the judgment below on the ground that it is manifest on the face of Teagle's opening brief that his appeal is without merit. We agree and affirm.
(2) The record reflects that Teagle was convicted in 1981 of two counts of first degree rape, three counts of possession of a deadly weapon during the commission of a felony, two counts of first degree kidnapping, one count of first degree assault, one count of attempted first degree rape, and two counts of second degree burglary. Since that time, he has filed numerous unsuccessful state and federal petitions seeking to attack his convictions collaterally. The Superior Court denied his latest motion for postconviction relief on January 14, 2011.
See, e.g., Teagle v. State, 2000 WL 949646 (Apr. 14, 2000) (affirming the Superior Court's denial of Teagle's motion for postconviction relief).
(3) After careful consideration of the parties' positions on appeal, we find it manifest that the judgment below should be affirmed on the basis of the Superior Court=s well-reasoned decision dated January 14, 2011. The Superior Court did not err in concluding that appellant's eighth 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.