Rowan v. State

Full title: BRUCE A. ROWAN, Defendant Below, Appellant, v. STATE OF DELAWARE…

Court: SUPREME COURT OF THE STATE OF DELAWARE

Date published: Dec 22, 2020

No. 341, 2020 (Del. Dec. 22, 2020)

Opinion

No. 341, 2020

12-22-2020

BRUCE A. ROWAN, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee.

Gary F. Traynor Justice

Court Below—Superior Court of the State of Delaware Cr. ID No. 0910020105 (K) Before VAUGHN, TRAYNOR, and MONTGOMERY-REEVES, 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 Superior Court did not err when it summarily dismissed the appellant's second motion for postconviction relief. The appellant, Bruce A. Rowan, has not pleaded with particularity new evidence of actual innocence or that a new, retroactive rule of constitutional law renders his conviction invalid.¹ Nor has Rowan asserted any claim that the Superior Court lacked jurisdiction.²

1 Del. Super. Ct. Crim. R. 61(d)(2).

2 Del. Super. Ct. Crim. R. 61(i)(5).

NOW, THEREFORE, IT IS ORDERED that motion to affirm is GRANTED and the judgment of the Superior Court is AFFIRMED.

BY THE COURT:

/s/ Gary F . Traynor

Justice