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).
2