Harris v. State ( 2014 )

IN THE SUPREME COURT OF THE STATE OF DELAWARE
SAMUEL L. HARRIS, §
§ No. 171, 2014
Defendant Below- §
Appellant, §
§
v. § Court Below—Superior Court
§ of the State of Delaware,
STATE OF DELAWARE, § in and for Kent County
§ Cr. ID 9801013999
Plaintiff Below- §
Appellee. §
Submitted: October 2, 20141
Decided: October 9, 2014
Before STRINE, Chief Justice, HOLLAND, and VALIHURA, Justices
ORDER
This 9th day of October 2014, the Court has carefully considered the
appellant’s opening brief, the State’s motion to affirm, the appellant’s reply,
and the record on appeal. We find it manifest that the Superior Court’s order
dated March 20, 2014, which denied the appellant’s third motion for
postconviction relief under Rule 61, should be affirmed. The motion was
untimely and repetitive, and the appellant failed to assert a colorable claim
of a miscarriage of justice under Rule 61(i)(5) sufficient to overcome these
procedural bars.
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On October 2, 2014, the appellant filed a motion requesting to file a response to the State’s motion to
affirm and attaching his proposed response. We have considered the reply to the State’s motion and have
determined that it does not alter the outcome of this appeal.
NOW, THEREFORE, IT IS ORDERED that the judgment of the
Superior Court is AFFIRMED.
BY THE COURT:
/s/ Karen L. Valihura
Justice
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