Ortiz v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE ISAIAS R. ORTIZ, § § § § § § § § § § § Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. No. 65, 2015 Court Below—Superior Court of the State of Delaware, in and for New Castle County Cr. ID 0210012072 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

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