SHAH v. STATE, 16 A.3d 938 (Del. 2011)

KUSHAL SHAH a/k/a GERRON LINDSEY, Defendant Below-Appellant, v. STATE OF DELAWARE, Plaintiff Below-Appellee.

No. 665, 2010.Supreme Court of Delaware.Submitted: February 25, 2011.
Decided: April 11, 2011.

Court Below — Superior Court of the State of Delaware, in and for New Castle County, Cr. ID 0002019769.

Before STEELE, Chief Justice, JACOBS, and RIDGELY, Justices.

ORDER
HENRY DUPONT RIDGELY, Justice.

This 11th day of April 2011, upon consideration of the parties’ briefs and the record on appeal, we find it manifest that the judgment below should be affirmed on the basis of the Superior Court’s October 7, 2010 decision. The trial court did not err in concluding that appellant’s sixth motion for postconviction relief was procedurally barred as untimely, repetitive, and previously adjudicated and that appellant had failed to overcome these procedural hurdles.

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

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