Opinion
419 2022
01-03-2024
MARVIN DAVIS, Defendant-Below Appellant, v. STATE OF DELAWARE, Appellee.
Submitted: December 27, 2023
Court Below-Superior Court of the State of Delaware Cr. ID No. 2103008825A/B (N)
Before SEITZ, Chief Justice; VALIHURA, TRAYNOR, LEGROW, and GRIFFITHS, Justices constituting the Court en banc.
ORDER
Gary F. Traynor Justice
This 3rd day of January, 2024, it appears to the Court that:
(1) By order dated November 8, 2023, this Court remanded this case to the Superior Court for consideration of Marvin Davis's claim that the exit order and seizure of evidence following the stop of his motor vehicle for a suspected registration violation violated his rights under Article I, § 6 of the Delaware Constitution.
Davis v. State, 2023 WL 7382873 (Del. Nov. 8, 2023).
(2) By order dated November 29, 2023, the Superior Court issued its Decision on Remand and reported to this Court that it had
held a teleconference with the parties to discuss how [the] Court would approach deciding the state constitutional issue. The Court was advised by the State that it intended to move under Superior Court Criminal Rule 48(b) for leave to enter a nolle prosequi. The State filed such a motion and the Court granted it. Thereafter, the State entered a nolle prosequi.
(3) The parties agree that the post-conviction entry of the nolle prosequi should result in the vacatur of Davis's convictions and that this appeal is now moot.
NOW, THEREFORE, IT IS ORDERED that Davis's convictions be VACATED and his appeal be DISMISSED as moot.
BY THE COURT: