Opinion
Nos. 00M-03-010; Cr.A. No. 9905011124.
Submitted: March 22, 2000.
Decided: April 4, 2000.
— MOTION DISMISSED
Caroline L. Cross, Esquire Natalie Woloshin, Esquire Department of Justice, Carvel State Office Building 820 N. French Street, Wilmington, DE. 19801.
Gregory A. Denston, SBI 00168692; Unite "D" East Delaware Corrections Center, P.O. Box 500 Smyma, DE. 19977.
J. Brendan O'Neill, Esquire, Public Defender's Office Carvel State Office Building, 820 N. French Street, 5th Floor Wilmington, DE. 19801.
Opinion and Order on Defendant's Pro Se Motion to Dismiss the Indictment
Dear Counsel and Mr. Denston:
Trial in the above-captioned criminal action has been scheduled for September 19, 2000. The Defendant, Gregory A. Denston, has filed a pro se Motion to Dismiss the Indictment.
The Defendant is charged with a three-count Indictment with Attempted Murder First Degree and two counts of Criminal Solicitation First Degree. It appears the Defendant is represented by counsel, J. Brendan O'Neill, Esquire of the Public Defender's Office. Pursuant to Rule 47 of the Superior Court Criminal Rules, the Court cannot consider apro se application by a Defendant who is represented by counsel unless the Defendant has been granted permission to participate with counsel in the defense. I am not aware that any such permission has been granted in this case. The reason for the Rule is apparent, and well illustrated by this very Motion. It at least appears that Mr. Denston has conferred pro se status on himself without even the courtesy of sending Mr. O'Neill a copy of his improper Motion. Pursuant to Rule 47, the Motion is DISMISSED without prejudice. IT IS SO ORDERED.
Mr. O'Neill is directed to confer with Mr. Denston concerning the matters contained in the Motion, a copy of which is enclosed for Mr. O'Neill. The defense is then free to make any appropriate application to the Court. As an aside, the Court notes that the Motion indicates Mr. Denston "is serving out another sentence."
Sincerely,
_____________________ William T. Quillen
WTQ/caj Enclosure: Motion for Mr. O'Neill oc: Prothonotary