Roth v. State

IN THE SUPREME COURT OF THE STATE OF DELAWARE
RICHARD ROTH, JR., §
§
Defendant Below- § No. 502, 2017
Appellant, §
§
v. §
§ Court Below—Superior Court
STATE OF DELAWARE, § of the State of Delaware
§
Plaintiff Below- §
Appellee. § Cr. ID 9901000330 (N)
§
§
Submitted: March 1, 2018
Decided: April 26, 2018
Before STRINE, Chief Justice; VALIHURA and VAUGHN, Justices.
ORDER
After careful consideration of the appellant’s opening brief, the State’s motion
to affirm, and the record on appeal, the Court concludes that the judgment below
should be affirmed on the basis of the Superior Court=s well-reasoned decision dated
October 27, 2017. The Superior Court did not err in concluding that Roth’s third
motion for postconviction relief was procedurally barred and that Roth had 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/ Karen L. Valihura
Justice
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