Opinion
No. 151, 2004.
Submitted: May 18, 2004.
Decided: June 8, 2004.
Superior Court of the State of Delaware, in and for New Castle County, Cr. ID No. 9809006423.
Before STEELE, Chief Justice, HOLLAND, and JACOBS, Justices.
ORDER
This 8th day of June 2004, it appears to the Court that:
(1) The appellant Shawn VanLier filed this appeal from an order of the Superior Court, which denied, in part, VanLier's motion for postconviction relief and ordered expansion of the record with respect to some of VanLier's postconviction claims. The Assistant Clerk issued a notice to VanLier to show cause why his appeal should not be dismissed given this Court's lack of jurisdiction to entertain a criminal interlocutory appeal.
(2) VanLier filed a response to the notice to show cause. In his response, VanLier argues the merits of his appeal. He does not address, however, the issue of this Court's lack of jurisdiction to entertain a criminal interlocutory appeal.
(3) The Superior Court's order is clearly an interlocutory ruling in this criminal matter. Under the Delaware Constitution, this Court may review only a final judgment in a criminal case. As a result, this Court does not have jurisdiction to review the Superior Court's interlocutory ruling in this case.
See Robinson v. State, 704 A.2d 269, 271 (Del. 1998).
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).
NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rule 29(b), that this appeal is DISMISSED.