Ortiz v. State

Full title: CARLOS ORTIZ, Defendant Below-Appellant, v. STATE OF DELAWARE, Plaintiff…

Court: SUPREME COURT OF THE STATE OF DELAWARE

Date published: Aug 31, 2018

No. 301, 2018 (Del. Aug. 31, 2018)

Opinion

No. 301, 2018

08-31-2018

CARLOS ORTIZ, Defendant Below-Appellant, v. STATE OF DELAWARE, Plaintiff Below-Appellee.

Karen L. Valihura Justice

Court Below—Superior Court of the State of Delaware Cr. ID S0208005710 Before STRINE, Chief Justice; VALIHURA and VAUGHN, Justices. ORDER

The Court has carefully considered the appellant's opening brief, the State's motion to affirm,¹ and the record on appeal. We find it 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 May 18, 2018. The Superior Court did not err in concluding that the appellant's ninth motion for postconviction relief was procedurally barred and that the appellant had failed to overcome the procedural hurdles. Contrary to the appellant's argument, he had no retroactive constitutional right to counsel to represent him in pursuing his first motion for postconviction relief.²

1 The appellant's request to respond to the motion to affirm is denied.

2 Bunting v. State, 2015 WL 2147188 (Del. May 5, 2015).

NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.

BY THE COURT:

/s/ Karen L . Valihura

Justice