Johnson v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE ROBERT W. JOHNSON, JR., Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 275, 2002 Court Below Superior Court of the State of Delaware, in and for Sussex County Cr.A. Nos. S90-11-0329, -0331 and -0332 Cr. ID No. 90S04507DI Submitted: July 8, 2002 Decided: September 20, 2002 Before VEASEY, Chief Justice, WALSH, and STEELE, Justices. ORDER This 20th day of September 2002, the Court has considered the appellant s opening brief and the State s motion to affirm. We find it manifest that the judgment below should be affirmed on the basis of the Superior Court=s wellreasoned decision dated May 2, 2002. The Superior Court did not err in concluding Johnson s motion was time-barred under Superior Court Criminal Rule 61(i)(1), and Johnson had failed to establish this procedural bar was inapplicable. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ E. Norman Veasey Chief Justice

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