Franklin v. State ( 2014 )

IN THE SUPREME COURT OF THE STATE OF DELAWARE
JOHN M. FRANKLIN, §
§ No. 240, 2014
Defendant-Below, §
Appellant, §
§
v. § Court Below: Superior Court
§ of the State of Delaware,
STATE OF DELAWARE, § in and for Sussex County
§ Cr. ID 0304010407C
Plaintiff-Below, §
Appellee. §
Submitted: June 26, 2014
Decided: July 22, 2014
Before STRINE, Chief Justice, HOLLAND, and RIDGELY, Justices
ORDER
This 22nd day of July 2014, after careful consideration of appellant
John Franklin’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 well-reasoned opinion dated April 30, 2014. The Superior
Court did not err in concluding that Franklin’s fourth motion for
postconviction relief was procedurally barred and that he had failed to
overcome the procedural hurdles. We also find no abuse of the Superior
Court’s discretion in denying Franklin’s request for the appointment of
counsel.
NOW, THEREFORE, IT IS ORDERED that the judgment of the
Superior Court is AFFIRMED.
BY THE COURT:
/s/ Leo E. Strine, Jr.
Chief Justice
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