Opinion
No. 76, 2002.
Decided: March 15, 2002.
Court Below: Superior Court of the State of Delaware in and for Kent County Cr. ID No. 90K01221DI
Before VEASEY, Chief Justice, WALSH and HOLLAND, Justices.
Appeal Dismissed.
Unpublished opinion is below.
JAMES LEE ROSS, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. No. 76, 2002 In the Supreme Court of the State of Delaware. Submitted: March 4, 2002 Decided: March 15, 2002
ORDER
This 15th day of March 2002, it appears to the Court that:
1. On February 15, 2002, the appellant James Lee Ross filed a pro se notice of appeal from an order of a Superior Court Commissioner dated January 11, 2002. The Commissioner's order recommended that Ross' third postconviction motion be denied.
2. On February 15, 2002, the Clerk of this Court issued a notice, pursuant to Supreme Court Rule 29(b), directing Ross to show cause why this appeal should not be dismissed based on this Court's lack of jurisdiction to entertain a criminal interlocutory appeal. On March 4, 2002, Ross filed a response to the notice to show cause. In his response, Ross acknowledges the interlocutory nature of his appeal, but requests the Court to deviate from normal appellate practice and accept his appeal.
3. Under the Delaware Constitution, this Court may review only a final judgment in a criminal case. A Commissioner's recommendation is not a final order of the Superior Court and must first be reviewed by a judge of the Superior Court before a final, appealable order can be entered. As a result, this Court does not have jurisdiction to review the Superior Court Commissioner's interlocutory ruling in this case. This well-settled principle of Delaware constitutional law precludes our consideration of Ross' appeal.
Del. Const. art. IV, § 11( 1)(b).
See Redden v. McGill, 549 A.2d 695 (Del. 1998); 10 Del. C. § 512.
See Gottlieb v. State, 697 A.2d 400 (Del. 1997); Rash v. State, 318 A.2d 603 (Del 1974).
NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rule 29(b), that this appeal is DISMISSED.