Opinion
No. 525, 1998.
Decided: December 21, 1998.
Superior (Kent) CrA K95-12-0289 -0294.
Mandamus dismissed.
Unpublished Opinion is below.
ERIC GARNETT, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. No. 525, 1998. In the Supreme Court of the State of Delaware. Submitted: December 14, 1998. Decided: December 21, 1998.
Before WALSH, HOLLAND and HARTNETT, Justices.
ORDER
This 21st 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 25, 1998 entered by a Superior Court Commissioner, which denied the defendant's motion for appointment of counsel and default judgment.
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 Garnett'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.