Stevenson v. State

IN THE SUPREME COURT OF THE STATE OF DELAWARE LAMOTT STEVENSON, § § No. 261, 2024 Defendant Below, § Appellant, § Court Below—Superior Court § of the State of Delaware v. § § Cr. ID No. 1201020817A (N) STATE OF DELAWARE, § § Appellee. § Submitted: August 28, 2024 Decided: October 11, 2024 Before SEITZ, Chief Justice; VALIHURA and TRAYNOR, 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 Superior Court’s denial of the appellant’s third motion for postconviction relief should be affirmed on the basis of the Superior Court’s June 13, 2024 memorandum opinion.1 We agree with the Superior Court’s determination that the affidavit that the appellant proffered as new evidence of actual innocence does “not meet his heavy burden of showing that the result of his trial would probably change” if a new trial were granted.2 The appellant has not pleaded any other circumstances under Rule 61(d)(2)(i) or (d)(2)(ii) that overcome the procedural bars set forth in Rule 61,3 nor does he claim that the Superior Court lacked jurisdiction.4 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/ Karen L. Valihura Justice