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Gregory v. State

Supreme Court of Delaware

June 4, 2014

WILLIAM GREGORY, Defendant Below-Appellant,
v.
STATE OF DELAWARE, Plaintiff Below-Appellee

Submitted: May 28, 2014.

Case Closed June 20, 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 9811012362.

Before STRINE, Chief Justice, BERGER, and RIDGELY, Justices.

OPINION

Henry duPont Ridgely, Justice

ORDER

This 4th day of June 2014, upon consideration of the notice to show cause and the appellant's response thereto, it appears to the Court that:

(1) The appellant, William Gregory, filed this appeal from a decision of the Superior Court, dated April 28, 2014, which denied his motion for the appointment of counsel to assist him in filing his fourth motion for postconviction relief. On May 20, 2014, the Clerk of this Court issued a notice to Gregory to show cause why the appeal should not be dismissed based on the Court's lack of jurisdiction to entertain an interlocutory appeal in a criminal case.

(2) Gregory filed a response to the notice to show cause on May 28, 2014. Gregory's response does not address the jurisdictional defect raised in the notice to show cause, but instead argues the merits of his motion for appointment of counsel.

(3) Under the Delaware Constitution, this Court may only review a final judgment in a criminal case.[1] The Superior Court's denial of Gregory's motion for counsel 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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