Opinion
No. 505, 1998.
Decided: December 4, 1998.
Superior (Kent) Cr 9612008864.
Appeal Dismissed.
Unpublished Opinion is below.
KENNETH T. DEPUTY, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. No. 505, 1998. In the Supreme Court of the State of Delaware. Submitted: November 30, 1998. Decided: December 4, 1998.
Before VEASEY, Chief Justice, WALSH, and HOLLAND, Justices.
ORDER
This 4th day of December 1998, it appears to the Court that:
1. The appellant, appearing pro se, has filed a notice of appeal from the interlocutory order dated November 20, 1998 entered by a Superior Court Commissioner, which denied the defendant's motion for sanctions and motion for default judgment and reserved judgment on defendant's motion for postconviction relief.
Pursuant to Supreme Court Rule 6(a)(iii), a notice of appeal shall be filed in the Office of the Clerk of this Court within 30 days after entry upon the docket of a judgment or order in any proceeding for postconviction relief.
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 Deputy's appeal.
3. The Supreme Court's appellate jurisdiction is limited to decisions of judges of a court. Redden v. McGill, Del. Supr., 549 A.2d 695 (1988); 10 Del. C. § 512. The defendant must follow the procedures set forth in Superior Court Criminal Rule 62.
4. 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 HEREBY ORDERED that the appeal is DISMISSED, sua sponte, pursuant to Supreme Court Rule 29(c), for lack of jurisdiction.