Kostyshyn v. State

Full title: PETER KOSTYSHYN, Defendant Below, Appellant, v. STATE OF DELAWARE…

Court: Supreme Court of Delaware

Date published: Dec 8, 2005

888 A.2d 232 (Del. 2005)

Opinion

No. 541, 2005.

Submitted: October 31, 2005.

Decided: December 8, 2005.

Court of Common Pleas of the State of Delaware in and for New Castle County, Def. ID No. 0502011867.

Before HOLLAND, BERGER and JACOBS, Justices.

ORDER

Carolyn Berger, Justice.

This 8^th day of December 2005, the Court has considered the notice of appeal filed by the pro se appellant, Peter Kostyshyn, from a decision issued by the Court of Common Pleas.¹ It is manifest that the appeal should be DISMISSED,² sua sponte, for this Court's lack of jurisdiction to consider an appeal directly from the Court of Common Pleas.³

1 It appears from the notice of appeal and the Court of Common Pleas criminal docket that Kostyshyn's appeal is from the Court's September 30, 2005 denial to reconsider its August 18, 2005 dismissal of Kostyshyn's appeal from the Justice of the Peace Court.

2 See Supr. Ct. R. 26(c) (providing for dismissal of an appeal, without notice, sua sponte, when the Court has concluded in the exercise of its discretion that notice of the dismissal would serve no meaningful purpose, and that any response would be of no avail).

3 Del. Const. art. IV, §§ 11( 1)(a)-(b), 28; Del. Code Ann. tit. 10, § 1326; Del. Code Ann. tit. 11, § 5301.

NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rule 29(c), that this appeal is DISMISSED.