Ortiz v. State ( 2018 )

IN THE SUPREME COURT OF THE STATE OF DELAWARE
CARLOS ORTIZ, §
§
Defendant Below- § No. 301, 2018
Appellant, §
§
v. § Court Below—Superior Court
§ of the State of Delaware
STATE OF DELAWARE, §
§ Cr. ID S0208005710
Plaintiff Below- §
Appellee. §
Submitted: August 13, 2018
Decided: August 31, 2018
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
1
The appellant’s request to respond to the motion to affirm is denied.
appellant’s argument, he had no retroactive constitutional right to counsel to
represent him in pursuing his first motion for postconviction relief.2
NOW, THEREFORE, IT IS ORDERED that the judgment of the
Superior Court is AFFIRMED.
BY THE COURT:
/s/ Karen L. Valihura
Justice
2
Bunting v. State, 2015 WL 2147188 (Del. May 5, 2015).
2