IN THE SUPREME COURT OF THE STATE OF DELAWARE
JOSHUA DURNEY, §
§ No. 144, 2017
Defendant Below- §
Appellant, §
§
v. § Court Below—Superior Court
§ of the State of Delaware
STATE OF DELAWARE, §
§ Cr. ID 1208013413 (K)
Plaintiff Below- §
Appellee. §
Submitted: July 13, 2017
Decided: August 3, 2017
Before VAUGHN, SEITZ, and TRAYNOR, Justices.
ORDER
This 3rd day of August 2017, after careful consideration of the opening brief,
the State’s motion to affirm, and the record, it is clear that the judgment below
should be affirmed on the basis of, and for the reasons stated in, the Superior
Court’s well-reasoned decision dated March 8, 2017. The Superior Court did not
err in concluding that the appellant’s second motion for postconviction relief was
subject to summary dismissal under Superior Court Criminal Rule 61(d)(2).
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior
Court is AFFIRMED.
BY THE COURT:
/s/ Collins J. Seitz, Jr.
Justice