Opinion
458 2023
02-14-2024
JANE BARRETT,[1] Respondent Below, Appellant, v. STATE OF DELAWARE, Petitioner, Appellee.
Submitted: February 9, 2024
Court Below-Superior Court of the State of Delaware C. A. No. S23M-09-014
Before SEITZ, Chief Justice; VALIHURA and GRIFFITHS, Justices.
ORDER
Collins J. Seitz, Jr. Chief Justice
Upon consideration of the unopposed motion to remand, it appears to the Court that:
(1) The appellant, Jane Barrett, filed this appeal from a Superior Court order requiring her to relinquish firearms in her possession under 11 Del. C. § 1448C.
(2) After Barrett filed her opening brief, the State filed a motion to remand this matter to the Superior Court. The State admits that police did not comply with all of the civil procedures for relinquishment under Section 1448C and asks that the Superior Court have the opportunity to address this lack of compliance in the first instance as it was not raised below. Barrett has no objection to the motion to remand.
(3) The Court agrees that the proper course of action is to remand this matter to the Superior Court for further proceedings.
NOW, THEREFORE, IT IS ORDERED that this matter is REMANDED to the Superior Court for further proceedings. Jurisdiction is not retained.