Supreme Court of Delaware, 2020

Rowan v. State

Rowan v. State
Supreme Court of Delaware · Decided December 22, 2020 · Traynor J.

Rowan v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE BRUCE A. ROWAN, § § Defendant Below, § No. 341, 2020 Appellant, § § Court Below—Superior Court v. § of the State of Delaware § STATE OF DELAWARE, § Cr. ID No. 0910020105 (K) § Plaintiff Below, § Appellee. § Submitted: November 30, 2020 Decided: December 22, 2020 Before VAUGHN, TRAYNOR, and MONTGOMERY-REEVES, Justices.

ORDER After careful consideration of the appellant’s opening brief, the appellee’s motion to affirm, and the record on appeal, we conclude that the Superior Court did not err when it summarily dismissed the appellant’s second motion for postconviction relief. The appellant, Bruce A. Rowan, 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 Rowan asserted any claim that the Superior Court lacked jurisdiction. 2

Del. Super. Ct. Crim. R. 61(d)(2).

Del. Super. Ct. Crim. R. 61(i)(5).

NOW, THEREFORE, IT IS ORDERED that motion to affirm is GRANTED and the judgment of the Superior Court is AFFIRMED.

BY THE COURT: /s/ Gary F. Traynor Justice

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