Gibbs v. State

IN THE SUPREME COURT OF THE STATE OF DELAWARE
MYRON GIBBS, §
§
Defendant Below, § No. 143, 2017
Appellant, §
§ Court Below—Superior Court
v. § of the State of Delaware
§
STATE OF DELAWARE, § Cr. ID No. 0911008893 (N)
§
Plaintiff Below, §
Appellee. §
Submitted: July 6, 2017
Decided: August 7, 2017
Before VAUGHN, SEITZ, and TRAYNOR, Justices.
ORDER
This 7th day of August 2017, after careful consideration of the appellant’s
opening brief, the appellee’s motion to affirm, and the record below, we find it
manifest that the judgment below should be affirmed on the basis of the Superior
Court’s order, dated February 28, 2017, adopting the report and recommendations
of the Commissioner. The Superior Court did not err in concluding that the
appellant’s second motion for postconviction relief was procedurally barred by
Superior Court Criminal Rule 61 and that the appellant had failed to overcome the
procedural hurdles.
NOW, THEREFORE, IT IS ORDERED that the motion to affirm is
GRANTED and the judgment of the Superior Court is AFFIRMED.
BY THE COURT:
/s/ Collins J. Seitz, Jr.
Justice
2