IN THE SUPREME COURT OF THE STATE OF DELAWARE
STEPHEN WINN, §
§
Defendant Below, § No. 24, 2020
Appellant, §
§ Court Below—Superior Court
v. § of the State of Delaware
§
STATE OF DELAWARE, § Cr. ID No. 0103012308 (N)
§
Plaintiff Below, §
Appellee. §
Submitted: January 22, 2020
Decided: March 3, 2020
Before SEITZ, Chief Justice; TRAYNOR and MONTGOMERY-REEVES,
Justices.
ORDER
After careful consideration of the appellant’s opening brief, the State’s motion
to affirm, and the record on appeal, we conclude that the judgment below should be
affirmed on the basis of and for the reasons assigned by the Superior Court’s order,
dated December 23, 2019, summarily dismissing the appellant’s fifth motion for
postconviction relief. The appellant has not pleaded with particularity new evidence
of actual innocence or that a new, retroactive rule of constitutional law renders his
conviction invalid.1 Nor has he asserted any claim that the Superior Court lacked
jurisdiction.2
NOW, THEREFORE, IT IS ORDERED that the motion to affirm is
GRANTED and the judgment of the Superior Court is AFFIRMED.
BY THE COURT:
/s/ Gary F. Traynor
Justice
1
DEL. SUPER. CT. CRIM. R. 61(d)(2).
2
Id. R. 61(i)(5).
2