Opinion
Docket No. 140, 1999.
May 18, 1999.
Appeal from Superior Court, New Castle County, CrA IN90-07-0136-0139.
APPEAL DISMISSED.
Unpublished Opinion is below.
JOSEPH C. JACKSON, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. No. 140, 1999. Supreme Court of Delaware. May 18, 1999.
Court Below: Superior Court in the State of Delaware, in and for New Castle County, in Cr.A. No. IN90-07-0136 thru -0139, ID No. 90006320D1.
Before VEASEY, Chief Justice, WALSH and HOLLAND, Justices.
ORDER
This 18th day of May 1999, it appears that:
1. The Clerk having issued a notice dated April 6, 1999, directing the appellant to show cause why this appeal should not be dismissed pursuant to Supreme Court Rule 29(b) for the appellant's lack of standing. See Walls v. Delaware State Police, Del. Supr., No. 247, 1994, Walsh, J. (Aug. 15, 1994) (ORDER).
2. On April 19, 1999, the appellant filed a response to the notice to show cause. Joseph Walls argues that the defendant below has assigned all rights to the seized property to him and therefore, has standing in this matter.
3. By letter dated April 20, 1999, the Clerk requested the appellee to respond to the appellant's response to the notice to show cause. On May 3, 1999, the appellee filed its answer to response to notice to show cause.
4. The appellee states that on January 4, 1999, Walls filed a motion in Superior Court as an assignee of the defendant, Joseph C. Jackson, in Cr.A. Nos. 90-07-0136 through -0139, for return of property and contempt. On March 5, 1999, the Superior Court denied his motion finding that he did not have standing and the property in question was already in the possession of the defendant, Joseph C. Jackson.
5. The Court has determined previously that the appellant does not have standing in this matter. See Walls v. State, Del. Supr., No. 322, 1996, Berger, J. (Aug. 14, 1996) (ORDER), Walls v. Delaware State Police, supra. It further appears that the matter is moot since the property in question was returned to the defendant, Jackson, in 1998.
NOW, THEREFORE, IT IS HEREBY ORDERED, pursuant to
Supreme Court Rule 29(b), that the within appeal is DISMISSED.
BY THE COURT:
/s/ Randy J. Holland, Justice