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Ridley v. State

Supreme Court of Delaware

May 6, 2014

BRIGADIER RIDLEY, Defendant Below, Appellant,
v.
STATE OF DELAWARE, Plaintiff Below, Appellee

Submitted April 29, 2014.

Motion for Rehearing filed 5/7/14; Denied 5/9/14. Case Closed May 22, 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 9903009487.

Before BERGER, JACOBS, and RIDGELY, Justices.

OPINION

Jack B. Jacobs, Justice.

ORDER

This 6th day of May 2014, it appears to the Court that:

(1) The appellant, Brigadier Ridley, filed this appeal from a decision of the Superior Court, dated March 17, 2014, which denied his motion for transcripts at State expense. The Senior Court Clerk issued a notice to Ridley to show cause why his appeal should be dismissed based on the Court's lack of jurisdiction to entertain an interlocutory appeal in a criminal case.

(2) Ridley filed a response to the notice to show cause on April 29, 2014. Ridley's response does not address the jurisdictional defect raised in the notice to show cause, but instead argues the merits of his case.

(3) Under the Delaware Constitution, this Court may only review a final judgment in a criminal case.[1] The Superior Court's denial of Ridley's motion for transcripts is clearly an unappealable interlocutory ruling.[2] As a result, this Court does not have jurisdiction to review this appeal.[3]

NOW, THEREFORE, IT IS ORDERED that the within interlocutory appeal is DISMISSED.


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