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Allen v. State

Supreme Court of Delaware
Dec 31, 2002
813 A.2d 1140 (Del. 2002)

Opinion

No. 663, 2002

Submitted: December 12, 2002

Decided: December 31, 2002

Court Below: Superior Court of the State of Delaware in and for New Castle County Cr. ID No. 83005216DI


Appeal dismissed.

Unpublished opinion is below.

VINCENT ALLEN, Defendant Below, Appellant, v. STATE OF DELAWARE, Defendant Below, Appellee. No. 663, 2002 In the Supreme Court of the State of Delaware. Submitted: December 12, 2002 Decided: December 31, 2002

Before VEASEY, Chief Justice, WALSH and STEELE, Justices.

ORDER

This 31st day of December 2002, it appears to the Court that:

1. On December 3, 2002, the appellant, Vincent Allen, filed a pro se notice of appeal from a decision of the Superior Court dated November 4, 2002. In its decision, the Superior Court denied Allen's Motion for Transcripts.

2. On December 3, 2002, the Clerk of this Court issued a notice, pursuant to Supreme Court 29(b), directing Allen to show cause why this appeal should not be dismissed based on this Court's lack of jurisdiction to entertain a criminal interlocutory appeal. On December 12, 2002, Allen filed a response to the notice to show cause. In that response, Allen discusses what he perceives to be the merits of his appeal. He does not address the issue of this Court's lack of jurisdiction to entertain a criminal interlocutory appeal.

3. The Superior Court's denial of a motion for transcripts is clearly an interlocutory ruling in this criminal matter.

See Robinson v. State, 704 A.2d 269, 271 (Del. 1998).

4. Under the Delaware Constitution, this Court may review only a final judgment in a criminal case. As a result, this Court does not have jurisdiction to review the Superior Court's interlocutory ruling in this case.

DEL. CONST. ART. IV, § 11( 1)(b).

See Gottlieb v. State, 697 A.2d 400 (Del. 1997); Rash v. State, 318 A.2d 603 (Del. 1974).

NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rule 29(b), that this appeal is DISMISSED.

BY THE COURT:


Summaries of

Allen v. State

Supreme Court of Delaware
Dec 31, 2002
813 A.2d 1140 (Del. 2002)
Case details for

Allen v. State

Case Details

Full title:VINCENT ALLEN, Defendant Below, Appellant, v. STATE OF DELAWARE, Defendant…

Court:Supreme Court of Delaware

Date published: Dec 31, 2002

Citations

813 A.2d 1140 (Del. 2002)