Ortiz v. State

• Court: Supreme Court of Delaware
• Decided: June 30, 2015
• Docket: 65, 2015
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

ISAIAS R. ORTIZ, § § Defendant Below- § No. 65, 2015 Appellant, § § v. § Court Below—Superior Court § of the State of Delaware, STATE OF DELAWARE, § in and for New Castle County § Cr. ID 0210012072 Plaintiff Below- § Appellee. §

Submitted: May 15, 2015 Decided: June 30, 2015

Before HOLLAND, VALIHURA, and VAUGHN, Justices.

ORDER

This 30th day of June 2015, after careful consideration of the 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 January 16, 2015. The

Superior Court did not err in concluding that appellant’s third motion for

postconviction relief was procedurally barred and that appellant had failed to

overcome the procedural hurdles. Moreover, contrary to appellant’s

suggestion, he had no right to counsel to represent him in pursuing his third postconviction motion.1 In light of the applicable procedural bars, we find

no abuse of the Superior Court’s discretion in denying appellant’s motion for

the appointment of counsel.

NOW, THEREFORE, IT IS ORDERED that the judgment of the

Superior Court is AFFIRMED.

BY THE COURT:

/s/ Karen L. Valihura Justice

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