Opinion
No. 80, 2012
03-15-2012
MONIR A. GEORGE, Defendant Appellant, v. STATE OF DELAWARE, Plaintiff Appellee.
Court Superior Court
of the State of Delaware,
in and for New Castle County
Cr. ID 0805035299
Before HOLLAND, BERGER, and JACOBS, Justices.
ORDER
This 15th day of March 2012, it appears to the Court that:
(1) On February 17, 2012, the Court received Monir George's notice of appeal from a Superior Court Commissioner's report, dated January 13, 2012, recommending denial of his motion for postconviction relief. The Senior Court Clerk issued a notice to George to show cause why the appeal should not be dismissed as an impermissible interlocutory appeal in a criminal case.
See Johnson v. State, 884 A.2d 475 (Del. 2005).
(2) George filed a response to the notice to show cause on March 2, 2012. His response does not address the interlocutory nature of the appeal but appears to argue why the Court should consider his objections to the Commissioner's report as timely-filed.
(3) Unfortunately, the Court has no jurisdiction over this interlocutory appeal. George's right to review of the Commissioner's Report and Recommendation is to a judge of the Superior Court in the first instance. Once the Superior Court issues a final order in George's case, he will have the right to file a notice of appeal within thirty days of that final order.
See Del. Const. art IV, § 11(1)(b).
Del. Super. Ct. Crim. R. 62(a)(5)(iv) (2012).
--------
NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rule 29(b), that the within appeal is DISMISSED.
BY THE COURT:
Carolyn Berger
Justice