WOODS v. STATE, 12 A.3d 1155 (Del. 2011)

BERNARD WOODS, Defendant Below-Appellant, v. STATE OF DELAWARE, Plaintiff Below-Appellee.

No. 461, 2010.Supreme Court of Delaware.Submitted: December 17, 2010.
Decided: February 1, 2011.

Court Below — Superior Court of the State of Delaware, in and for New Castle County, Cr. ID 0708031045.

Before HOLLAND, BERGER, andJACOBS, Justices.

ORDER
CAROLYN BERGER, Justice.

This 1st day of February 2011, after careful 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 order dated July 7, 2010. The Superior Court did not err in adopting the Commissioner’s findings that appellant’s second motion for postconviction relief was both repetitive and previously adjudicated[1] and that appellant had failed to overcome these procedural hurdles.

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

[1] See Woods v. State, 2010 WL 1664008 (Del. Apr. 26, 2010).

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