Boyer v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE DONALD J. BOYER, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 702, 2013 Court Below Superior Court of the State of Delaware in and for New Castle County Cr. ID No. 86010533DI Submitted: February 27, 2014 Decided: April 15, 2014 Before HOLLAND, BERGER and RIDGELY, Justices. ORDER This 15th day of April 2014, after careful consideration of the appellant s opening brief, the appellee s motion to affirm, and the record on appeal, we find it manifest that the judgment on appeal should be affirmed on the basis of and for the reasons assigned by the Superior Court in its memorandum opinion of December 11, 2013. The Superior Court did not err in concluding that the appellant was not entitled to the appointment of counsel, and that appellant s fourth motion for postconviction relief was procedurally barred without exception. NOW, THEREFORE, IT IS ORDERED that the appellee s motion to affirm is GRANTED. The judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Randy J. Holland Justice 2

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