IN THE SUPREME COURT OF THE STATE OF DELAWARE
DAVEAR Z. WHITTLE, §
§
Defendant Below, § No. 306, 2017
Appellant, §
§
v. § Court Below—Superior Court
§ of the State of Delaware
STATE OF DELAWARE, §
§ Cr. ID No. 1111010324 (N)
Plaintiff Below, §
Appellee. §
Submitted: September 19, 2017
Decided: November 7, 2017
Before STRINE, Chief Justice; VALIHURA and TRAYNOR, Justices.
ORDER
This 7th day of November 2017, after careful consideration of the opening brief
and the State’s motion to affirm, it is clear that the judgment below should be affirmed
on the basis of and for the reasons assigned by the Superior Court in its well-reasoned
decision dated July 6, 2017. The Superior Court did not err in concluding that Whittle’s
second motion for postconviction relief was procedurally barred and did not satisfy the
pleading requirements of 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/ Leo E. Strine, Jr.
Chief Justice