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Ringgold v. State

Supreme Court of Delaware

April 2, 2014

JAY M. RINGGOLD, Defendant Below-Appellant,
v.
STATE OF DELAWARE, Plaintiff Below-Appellee

Submitted March 21, 2014

Case Closed April 21, 2014.

Editorial Note:

This decision has been designated as "Table of Decisions Without Published Opinions." in the Atlantic Reporter.

Court Below--Superior Court of the State of Delaware, in and for New Castle County. Cr. ID.1006015765

Before HOLLAND, BERGER, and JACOBS, Justices.

OPINION

Carolyn Berger, Justice

ORDER

This 2nd day of April 2014, it appears to the Court that:

(1) On March 12, 2014, the Court received appellant's notice of appeal from an order dated February 10, 2014, which was entered by a Superior Court Commissioner. The Senior Court Clerk issued a notice pursuant to Supreme Court Rule 29(b) directing appellant to show cause why the appeal should not be dismissed for this Court's lack of jurisdiction to consider an appeal directly from a Superior Court Commissioner's order.[1]

(2) Appellant filed a response to the notice to show cause on March 21, 2014. His response concedes that the Commissioner's order is not directly appealable to this Court. He requests the Court to stay his appeal until a judge of the Superior Court has reviewed the Commissioner's ruling and issued a final order in his case.

(3) As appellant acknowledges, his right to review of the Commissioner's order is to a judge of the Superior Court.[2] This Court has no jurisdiction to consider this appeal in the first instance and, thus, has no jurisdiction to stay the appeal. Appellant may file another notice of appeal once a Superior Court judge has entered a final order in his case.

NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rule 29(b), that the within appeal is DISMISSED.


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