Supreme Court of Delaware

Ortiz v. State of Delaware

November 5, 2015

Summary

The Supreme Court of Delaware affirmed the denial of Ortiz’s sixth motion for postconviction relief. Because the motion was successive and did not plead with particularity either newly discovered evidence establishing actual innocence or a retroactive new constitutional rule, it was barred under Rule 61. The Court also applied the procedural bars before reaching the merits and warned Ortiz about potential restrictions on further appeals.