Gholdson v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE CHARLES GHOLDSON, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 547, 2002 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr.A. No. IN93-03-0425 thru -0428 Cr. ID. 30301463DI Submitted: November 18, 2002 Decided: December 11, 2002 Before VEASEY, Chief Justice, BERGER, and STEELE, Justices. ORDER This 11th day of December 2002, after careful consideration of the appellant s opening brief and the State s motion to affirm, we find it manifest that the judgment of the Superior Court should be affirmed on the basis of the Superior Court=s wellreasoned decision dated September 4, 2002. The Superior Court did not err in concluding that Gholdson s motion for postconviction relief was time-barred and previously adjudicated. The Superior Court correctly held that Gholdson had failed to overcome these procedural hurdles because this Court s recent decision in Harris v. State, 806 A.2d 119 (Del. 2002), does not apply to Gholdson s case. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: _Myron T. Steele_______________________ Justice

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