Swan v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE RALPH E. SWAN, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 370, 2000 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr.ID. Nos. 0002004767 0002004768 Submitted: July 28, 2000 Decided: August 11, 2000 Before VEASEY, Chief Justice, WALSH and HOLLAND, Justices ORDER This 11th day of August 2000, it appears to the Court that: (1) The defendant-appellant, Ralph E. Swan, filed a notice of appeal in this Court on July 28, 2000. The notice of appeal indicates that Swan is attempting to appeal from his counsel s response to the State s motion to disqualify counsel, which was filed in the Superior Court on June 27, 2000. (2) It appears that the Superior Court has not yet ruled on the motion to disqualify counsel. Even if the Superior Court had already ruled, its order would be an interlocutory, and not a final, order. This Court has no jurisdiction to review an interlocutory order in a criminal case.* This well-settled principle of Delaware law precludes our consideration of Swan s appeal. NOW, THEREFORE, IT IS ORDERED that, pursuant to Supreme Court Rule 29(c), this appeal is DISMISSED, sua sponte. BY THE COURT: s/Joseph T. Walsh Justice Del. Const. art. IV, § 11(1) (b); State v. Cooley, Del. Supr., 430 A.2d 789, 791 * (1981). -2-
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