Opinion
I.D. Nos. 0708000019CLS, 0707008310CLS.
Submitted: October 10, 2008.
Decided: February 26, 2009.
Upon Appeal from the Decision of the Court of Common Pleas.
DISMISSED.ORDER
On this 26th day of February, 2009, it appears to the Court that:
1. This action arises from criminal charges filed against the Appellant, Rita Carnevale ("Carnevale"), in the New Castle County Court of Common Pleas. Prior to April 2, 2008, Carnevale was represented by the New Castle County Public Defender's Office. On March 4, 2008, defense counsel filed a motion to withdraw the appearance of the Public Defender's Office. The Court of Common Pleas trial judge heard oral arguments on the motion. On April 2, 2008, the trial judge granted counsel's motion to withdraw. Currently before the Court is Carnevale's appeal of that decision.
2. The Court does not have jurisdiction to entertain this appeal. The Order of the Court of Common Pleas granting counsel's motion to withdraw is a criminal interlocutory order, not a final judgment. Neither this Court, nor the Delaware Supreme Court, has jurisdiction to entertain an interlocutory appeal in a criminal case. Therefore, this appeal is DISMISSED based upon the Court's lack of jurisdiction to entertain a criminal interlocutory appeal.
Del. Const. art. IV, § 11( 1)(b); Revel v. State, 2009 WL 189059 (Del., Jan. 21, 2009).
This Court could not entertain this appeal even if it were a civil case because unlike the Supreme Court, it lacks jurisdiction to hear civil interlocutory appeals from the Court of Common Pleas. Anderson v. R.A. Midway Towing, 905 A.2d 746 (Del., July 14, 2006); see 10 Del. C. § 1326(a) providing a right of appeal to the Superior Court "[f]rom any final order, ruling, decision or judgment of the court in a civil action . . ." (emphasis added).
IT IS SO ORDERED.