Perkins v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE § § § § § § § § § § § DWIGHT H. PERKINS, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. No. 560, 2005 Court Below Superior Court of the State of Delaware, in and for Kent County Cr. ID 0407018106 Submitted: November 14, 2005 Decided: November 22 , 2005 Before STEELE, Chief Justice, HOLLAND, and BERGER, Justices. ORDER This 22nd day of November 2005, it appears to the Court that: (1) On November 14, 2005, the defendant, Dwight H. Perkins, filed a pro se notice of appeal, purporting to appeal from a decision of the Superior Court, dated October 18, 2005, which denied Perkins Motion to Dismiss Indictment, Motion to Disqualify Counsel and Motion to Participate with Counsel. (2) Under the Delaware Constitution, only a final judgment may be reviewed by this Court in a criminal case.* The Superior Court reflects that * DEL. CONST. ART. IV, § 11(1)(b). Perkins criminal trial is scheduled for January 2006. Consequently, his appeal manifestly fails to invoke the jurisdiction of this Court. (3) The Court has concluded, pursuant to Supreme Court Rule 29(c), that the appeal, on its face, manifestly fails to invoke this Court s jurisdiction and that, in the exercise of the Court s discretion, the giving of notice of dismissal would serve no meaningful purpose and that any response thereto would be of no avail. NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rules 6 and 29(c), that the within appeal is DISMISSED sua sponte. BY THE COURT: /s/ Carolyn Berger Justice -2-
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