Opinion
No. 441, 2015
11-23-2015
Gary Pierce, Defendant Below–Appellant, v. State of Delaware, Plaintiff Below–Appellee.
ORDER
Karen L. Valihura, Justice
This 23rd day of November 2015, the Court has carefully considered the appellant Gary Pierce's opening brief, the State's motion to affirm, and the record on appeal. We find it manifest that the judgment below should be affirmed on the basis of the Superior Court's well-reasoned decision dated August 5, 2015. The Superior Court did not err in denying Pierce's motion to amend his fourth motion for postconviction relief, which the Superior Court previously had dismissed on May 12, 2015. Pierce's fourth postconviction motion was procedurally barred by Superior Court Criminal Rule 61(i)(1), (i)(2), and (i)(3). Pierce failed to overcome those 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.