Supreme Court of Delaware
Ortiz v. State
February 21, 2020
Summary
The Supreme Court of Delaware affirmed the Superior Court’s summary dismissal of Ortiz’s eleventh postconviction motion. The Court held that Ortiz failed to plead particularized facts establishing actual innocence through new evidence or invalidity through a new retroactive constitutional rule, and that his indictment-based jurisdictional claim lacked merit. Because his filings were untimely, repetitive, and frivolous, the Court imposed a prefiling restriction requiring payment of the filing fee or prior approval of an in forma pauperis motion with the required affidavit.