Opinion
No. 269, 2002
Submitted: May 14, 2002
Decided: May 21, 2002
Court Below: Superior Court of the State of Delaware in and for Kent County Cr. ID No. 9810019586
Appeal dismissed.
Unpublished opinion is below.
DARREN SEAWRIGHT, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. No. 269, 2002 Supreme Court of the State of Delaware. Submitted: May 14, 2002 Decided: May 21, 2002
Before HOLLAND, BERGER and STEELE, Justices.
Carolyn Berger, Justice:
ORDER
This 21st day of May 2002, it appears to the Court that:
1. On May 14, 2002, the appellant, Darren Seawright, filed a pro se notice of appeal from the Report and Recommendation of a Superior Court Commissioner dated May 3, 2002, which recommended that Seawright's postconviction motion filed in that Court be dismissed.
2. Under the Delaware Constitution, this Court may review only a final judgment in a criminal case. A Commissioner's Report and Recommendation is not a final order for purposes of appeal. Before appealing to this Court, Seawright first should have filed for a review de novo by a Superior Court judge pursuant to Superior Court Criminal Rule 62(a)(5). This Court does not have jurisdiction to review the Superior Court Commissioner's interlocutory ruling in this case.
DEL. CONST. art. IV, § 11( 1)(b).
See Gottlieb v. State, 697 A.2d 400 (Del. 1997); Rash v. State, 318 A.2d 603 (Del 1974).
3. 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 ORDERED, pursuant to Supreme Court Rule 29(b), that this appeal is DISMISSED.