McNeil v. State

IN THE SUPREME COURT OF THE STATE OF DELAWARE NATHAN MCNEIL, §

§

Defendant Below, § No. 466, 2019 Appellant, §

§ Court Below—Superior Court v. § of the State of Delaware §

STATE OF DELAWARE, § Cr. ID No. 1302010193 (K) §

Plaintiff Below, §

Appellee. §

Submitted: December 17, 2019 Decided: January 16, 2020 Before SEITZ, Chief Justice; VAUGHN, 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’s well-reasoned order, dated October 30, 2019, summarily dismissing the appellant’s second motion for postconviction relief. The Superior Court did not err in determining that the motion failed to satisfy the requirements of Superior Court Criminal Rule 61(d)(2) and was procedurally barred.1 NOW, THEREFORE, IT IS ORDERED that motion to affirm is GRANTED and the judgment of the Superior Court is AFFIRMED.

BY THE COURT: /s/ Collins J. Seitz, Jr. Chief Justice