Cooper v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE MAURICE COOPER, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 286, 2013 Court Below Superior Court of the State of Delaware in and for New Castle County Cr. ID No. 1002013686 Submitted: July 9, 2013 Decided: July 11, 2013 Before STEELE, Chief Justice, HOLLAND and JACOBS, Justices ORDER This 11th day of July 2013, it appears to the Court that: (1) On May 30, 2013, the Court received the appellant s notice of appeal from the May 14, 2013 report and recommendation of the Superior Court Commissioner. On the same date, the Clerk issued a notice pursuant to Supreme Court Rule 29(b) directing the appellant to show cause why the appeal should not be dismissed for this Court s lack of jurisdiction to entertain an appeal directly from a report and recommendation of a Superior Court Commissioner. (2) cause.1 On July 9, 2013, the appellant responded to the notice to show In the response, the appellant states that the Commissioner incorrectly failed to base his decision on established case law regarding insufficiency of the evidence. (3) This Court does not have jurisdiction to entertain an appeal directly from the report and recommendation of a Superior Court Commissioner.2 Therefore, this appeal must be dismissed. NOW, THEREFORE, IT IS ORDERED that this appeal is DISMISSED. BY THE COURT: /s/ Randy J. Holland Justice 1 On June 27, 2013, the appellant requested an extension of time in which to respond to the notice to show cause. On that same date, the Clerk granted the appellant an extension until July 8, 2013. 2 Del. Const. art. IV, §11(1) (b); Super. Ct. Crim. R. 62. 2
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