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Campbell v. State

Supreme Court of Delaware

August 23, 2013

JAMARR CAMPBELL, Defendant Below, Appellant,
v.
STATE OF DELAWARE, Plaintiff Below, Appellee.

Submitted: August 8, 2013

Court Below─Superior Court of the State of Delaware, in and for Sussex County Cr. ID No. 1301016197

Before BERGER, JACOBS and RIDGELY, Justices.

ORDER

JACK B. JACOBS JUSTICE

This 23rd day of August 2013, it appears to the Court that:

(1) On July 29, 2013, the Court received the appellant's notice of appeal from the Superior Court's denial of a suppression hearing in his criminal case. On that same day, the Clerk issued a notice pursuant to Supreme Court Rule 29(b) directing the appellant to show cause why his appeal should not be dismissed based on the Court's lack of jurisdiction to entertain a criminal interlocutory appeal.[1]

(2) The appellant filed a response to the notice to show cause on August 8, 2013. The appellant states that the Court should consider the appeal because there was a constitutional violation.

(3) This Court has no jurisdiction to entertain a criminal interlocutory appeal, [2] such as the instant appeal from the Superior Court's denial of a suppression hearing in a criminal case. Therefore, the instant appeal must be dismissed.

NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rule 29(b), that this appeal is DISMISSED. The appellant's motion for the appointment of counsel, filed on July 29, 2013, is also denied as moot.


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