Hitchens v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE RODNEY HITCHENS, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 95, 2019 Court Below—Superior Court of the State of Delaware Cr. ID No. 86S10105DI (S) Submitted: April 25, 2019 Decided: May 16, 2019 Before STRINE, Chief Justice; SEITZ and TRAYNOR, Justices. ORDER After careful consideration of the appellant’s opening brief, the appellee’s motion to affirm, and the record on appeal, we conclude that the judgment below should be affirmed on the basis of the Superior Court order, dated February 8, 2019, summarily dismissing the appellant’s sixth motion for postconviction relief.1 The Superior Court did not err in determining that the motion was procedurally barred and did not satisfy the pleading requirements of Superior Court Criminal Rule 61(d)(2). 1 State v. Hitchens, 2019 WL 494676 (Del. Super. Ct. Feb. 8, 2019). NOW, THEREFORE, IT IS ORDERED that motion to affirm is GRANTED and the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Gary F. Traynor Justice 2

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