Harris v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE REGINALD HARRIS, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 364, 2013 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID No. 0402010364A Submitted: July 26, 2013 Decided: September 10, 2013 Before BERGER, JACOBS and RIDGELY, Justices. ORDER This 10th day of September 2013, it appears to the Court that: (1) This appeal is from the Superior Court s June 27, 2013 order denying the appellant s motion for appointment of counsel filed in conjunction with the appellant s motion for postconviction relief. Upon receipt of the appeal, the Clerk issued a notice directing the appellant to show cause why the appeal should not be dismissed based upon this Court s lack of jurisdiction to entertain an interlocutory appeal in a criminal matter. (2) The appellant has filed a response to the notice to show cause. In his response, the appellant contends that the Court s interlocutory review of the Superior Court s order denying his motion for appointment of counsel would serve the interests of justice. (3) Under the Delaware Constitution, only a final judgment may be reviewed by the Court in a criminal case.1 The Court has no jurisdiction to entertain an appeal from an interlocutory order in a criminal case.2 (4) The Superior Court s June 27, 2013 order denying the appellant s motion for appointment of counsel is an interlocutory order. The denial of the appellant s motion for appointment of counsel is not appealable as a collateral order before the entry of a final order on the appellant s postconviction motion.3 NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rule 29(b), that the appeal is DISMISSED. BY THE COURT: /s/ Jack B. Jacobs Justice 1 Del. Const. art. IV, § 11(1)(b). 2 Brown v. State, 2012 WL 4466314 (Del. Sept. 26, 2012) (Jacobs, J.) (citing State v. Cooley, 430 A.2d 789, 791 (Del. 1981)). 3 See St. Louis v. State, 2012 WL 130877 (Del. Jan. 17, 2012) (Ridgely, J.) (citing Robinson v. State, 704 A.2d 269, 271 (Del. 1998)). 2

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