Ingram v. State

 Annotate this Case
Download PDF
IN THE SUPREME COURT OF THE STATE OF DELAWARE § § § § § § § § § § § NORMAN INGRAM, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. No. 465, 2005 Court Below Superior Court of the State of Delaware in and for Kent County Cr.A. Nos. IK03-05-0865 thru 0867; IK03-05-0869 thru 0871 Submitted: October 7, 2005 Decided: November 8, 2005 Before STEELE, Chief Justice, BERGER and RIDGELY, Justices ORDER This 8th day of November 2005, it appears to the Court that: (1) On September 30, 2005, the appellant, Norman Ingram, filed a notice of appeal from the September 2, 2005 report and recommendations of a Superior Court commissioner. The commissioner recommended that the Superior Court deny Ingram s motion for postconviction relief pursuant to Superior Court Criminal Rule 61. (2) On September 30, 2005, the Clerk of this Court issued a notice pursuant to Supreme Court Rule 29(b) directing Ingram to show cause why his appeal should not be dismissed based on this Court s lack of jurisdiction to decide a criminal interlocutory appeal. On October 7, 2005, Ingram filed a response to the notice to show cause in which he asserted that his notice of appeal was filed in a timely manner. He did not address this Court s lack of jurisdiction to decide a criminal interlocutory appeal. (3) Under the Delaware Constitution, this Court may review only a final judgment in a criminal case.1 Because the commissioner s report and recommendation is not a final judgment,2 this Court does not have jurisdiction to decide it. NOW, THEREFORE, IT IS ORDERED that, pursuant to Supreme Court Rule 29(b), this appeal is DISMISSED. BY THE COURT: /s/ Myron T. Steele Chief Justice 1 2 Del. Const. art. IV, § 11(1) (b). Super. Ct. Crim. R. 62(a) (5). 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.