Carr v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE BRUCE CARR, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 418, 2013 Court Below Superior Court of the State of Delaware in and for New Castle County Cr. ID No. 82002234DI Submitted: August 14, 2013 Decided: September 5, 2013 Before STEELE, Chief Justice, JACOBS and RIDGELY, Justices. ORDER This 5th day of September 2013, it appears to the Court that: (1) Superior Court Criminal Rule 61(b)(1) requires the use of a prescribed form when filing a motion for postconviction relief.1 Under Rule 61(c), [i]f a motion does not substantially comply with the requirements of subdivision (b) . . . the prothonotary shall return [the motion] to the movant, if a judge of the court so directs. 2 (2) This appeal is from a July 25, 2013 notice of noncompliance that issued to the appellant under Rule 61(b)(1) and(c). Upon receipt of the appeal, the 1 2 Del. Super. Ct. Crim. R. 61(b)(1). Del. Super. Ct. Crim. R. 61(c). 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.3 (3) In his response to the notice to show cause, the appellant contends that the requirements of the prescribed form prevent him from raising a claim for postconviction relief so as to avoid the procedural bars of Rule 61(i). The appellant does not address the jurisdictional issue raised by the Clerk s notice to show cause. (4) Under the Delaware Constitution only a final judgment may be reviewed by the Court in a criminal case.4 The Court has no jurisdiction to entertain an appeal from an interlocutory order in a criminal case.5 In this case, the Superior Court s July 25, 2013 notice of noncompliance is an interlocutory order in a criminal case and is not appealable.6 NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rule 29(b), that the appeal is DISMISSED. BY THE COURT: /s/ Henry duPont Ridgely Justice 3 Del. Const. art. IV, § 11(1)(b). Id. 5 Gottlieb v. State, 697 A.2d 400 (Del. 1997). 6 See Bass v. State, 1993 WL 61686 (Del. Feb. 9. 1993) (dismissing appeal from Rule 61 notice of noncompliance for lack of jurisdiction). 4 2
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