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Moore v. State

Supreme Court of Delaware
Jan 6, 2000
746 A.2d 276 (Del. 2000)

Opinion

No. 594, 1999.

Submitted: December 16, 1999.

Decided: January 6, 2000.

Appeal from: Superior Court of New Castle County the State of Delaware, Cr. A. Nos. 96-04-0659/0061; 96-N96-07-1487/1488; NI07-0083/0086; 96-07-0096/0099.

APPEAL DISMISSED.

Before VEASEY, Chief Justice, HARTNETT, and HOLLAND, Justices.


ORDER


This 6th day of January 2000, it appears to the Court that:

(1) On December 16, 1999, the appellant, appearing pro se, filed a notice of appeal from the interlocutory order of the Superior Court dated November 22, 1999, denying his pro se motion for dismissal of charges.

(2) Under the Delaware Constitution, only a final judgment may be reviewed by this Court in a criminal case. Del. Const., Art. IV, § 11( 1)(b). As a result, this Court has no jurisdiction to review an interlocutory appeal in a criminal case. Rash v. State, Del Supr., 318 A.2d 603, (1974); State v. Cooley, Del. Supr., 430 A.2d 789, (1981). This well-settled principle of Delaware constitutional law precludes our consideration of Moore's appeal.

(3) The Court concludes, pursuant to Supreme Court Rule 29(c), that the within criminal interlocutory appeal, on its face, manifestly fails to invoke the Court's jurisdiction, and that the giving of notice of said defect would serve no meaningful purpose and that any response would be of no avail.

NOW, THEREFORE, IT IS ORDERED that the appeal is DISMISSED, sua sponte, pursuant to Supreme Court Rule 29(c).


Summaries of

Moore v. State

Supreme Court of Delaware
Jan 6, 2000
746 A.2d 276 (Del. 2000)
Case details for

Moore v. State

Case Details

Full title:DANIEL L. MOORE, Defendant Below-Appellant v. STATE OF DELAWARE, Plaintiff…

Court:Supreme Court of Delaware

Date published: Jan 6, 2000

Citations

746 A.2d 276 (Del. 2000)