Pierce v. State

Full title: GARY PIERCE, Defendant Below-Appellant, v. STATE OF DELAWARE, Plaintiff…

Court: SUPREME COURT OF THE STATE OF DELAWARE

Date published: Nov 16, 2016

No. 350, 2016 (Del. Nov. 16, 2016)

Opinion

No. 350, 2016

11-16-2016

GARY PIERCE, Defendant Below-Appellant, v. STATE OF DELAWARE, Plaintiff Below-Appellee.

James T. Vaughn, Jr. Justice

Court Below—Superior Court of the State of Delaware Cr. ID 0407019516 Before VALIHURA, VAUGHN, and SEITZ, Justices. ORDER

This 16^th day of November 2016, the Court has carefully considered the appellant Gary Pierce's opening brief, the State's motion to affirm, Pierce's response to the State's motion, and the record on appeal. We find it apparent that the judgment below should be affirmed on the basis of the Superior Court's well-reasoned decision dated June 10, 2016. Pierce's fifth postconviction motion was procedurally barred by Superior Court Criminal Rule 61(i)(1), (i)(2), (i)(3), and (i)(4). Pierce failed to overcome the procedural hurdles by pleading with particularity either that: (i) new evidence exists creating a strong inference that he is actually innocent; or (ii) a new, retroactively applicable rule of constitutional law renders his conviction invalid.

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

BY THE COURT:

/s/ James T. Vaughn, Jr.

Justice