WILMER v. STATE, 827 A.2d 30 (Del. 2003)

GERALD A. WILMER, Defendant Below-Appellant, v. STATE OF DELAWARE, Plaintiff Below-Appellee.

No. 187, 2003.Supreme Court of Delaware.Submitted: June 6, 2003.
Decided: July 3, 2003.

Court Below-Superior Court of the State of Delaware, in and for New Castle County Cr.A. No. IN97-07-1249 Cr. ID. 9603002509

Affirmed

Unpublished opinion is below.

GERALD A. WILMER, Defendant Below-Appellant, v. STATE OF DELAWARE, Plaintiff Below-Appellee. No. 187, 2003 Supreme Court of Delaware. Submitted: June 6, 2003 Decided: July 3, 2003

Before VEASEY, Chief Justice, HOLLAND, and STEELE, Justices.

Randy J. Holland, Justice:

ORDER
This third day of July 2003, after careful consideration of the parties’ briefs and the record below, we find it manifest that the judgment below should be affirmed on the basis of the Superior Court’s well-reasoned decision dated February 28, 2003 as amended March 12, 2003. The Superior Court did not err in concluding that Wilmer’s second motion for postconviction relief was time-barred and repetitive and that Wilmer 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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