BROWN v. STATE, 970 A.2d 256 (Del. 2009)

No. 540, 2008.Supreme Court of Delaware.
April 7, 2009.

Court Below — Superior Court of the State of Delaware, in and for New Castle County, Cr. ID 0605017922.

Before STEELE, Chief Justice, JACOBS, andRIDGELY, Justices.

ORDER
HENRY DuPONT RIDGELY, Justice.

This 7th day of April 2009, after careful consideration of the parties’ briefs, we find it manifest that the judgment below should be affirmed on the basis of the Superior Court’s well-reasoned decision dated October 16, 2008. The Superior Court did not err in concluding that appellant’s second motion for postconviction relief was procedurally defaulted. His motion was both time-barred and repetitive, and appellant failed to overcome these procedural hurdles.

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