CourtListener 10773805•Novak v. State
Full text
IN THE SUPREME COURT OF THE STATE OF DELAWARE
STEPHEN NOVAK, §
§ No. 173, 2025
Defendant Below, §
Appellant, § Court Below–Superior Court
§ of the State of Delaware
v. §
§ Cr. ID No. 2301005645 (N)
STATE OF DELAWARE, §
§
Appellee. §
Submitted: November 7, 2025
Decided: January 12, 2026
Before SEITZ, Chief Justice; VALIHURA and TRAYNOR, Justices.
ORDER
After consideration of the parties’ briefs and the Superior Court record, we
find it evident that the Superior Court’s April 1, 2025 order denying the appellant’s
motion for postconviction relief should be affirmed. By pleading guilty to first
degree assault, Novak waived the right to challenge the sufficiency of the evidence
supporting the conviction.1 To the extent that the appellant believes that his
conviction for first-degree assault required a showing that the victim sustained more
than “only” a broken nose, he is incorrect: the appellant was charged with (and
acknowledged he was guilty of) first-degree assault under 11 Del. C. § 613(a)(3),
1
Soto v. State, 2019 WL 2523486, at *1 (Del. June 18, 2019) (“As a result of his knowing,
intelligent, and voluntary no-contest plea, Soto waived his right to challenge the evidence against
him.”).
which requires a showing that the defendant recklessly engaged in conduct that
created a substantial risk of death to another person, and thereby caused serious
physical injury to the person; and, as the appellant acknowledges, “[a] broken nose
is a ‘serious physical injury’….”2
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior
Court be AFFIRMED.
BY THE COURT:
/s/ Karen L. Valihura
Justice
2
Opening Br. at 11.
2
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.