Qualls a/k/a Ryons v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE LUTHER QUALLS a/k/a LUTHER RYONS, Defendant Below, Appellant, v. STATE OF DELAWARE, Defendant Below, Appellee. § § § § § § § § § § § No. 644, 2002 Court Below: Superior Court of the State of Delaware in and for New Castle County Cr. ID No. 0103018655 Cr. A. Nos. IN01-04-0492; IN01-051482 and -1483 Submitted: November 22, 2002 Decided: January 10, 2003 Before VEASEY, Chief Justice, WALSH and STEELE, Justices. ORDER This 10th day of January 2003, it appears to the Court that: 1. On November 22, 2002, the appellant, Luther Qualls a/k/a Luther Ryons, filed a pro se notice of appeal from a decision of the Superior Court dated November 7, 2002. In its decision, the Superior Court denied Qualls Motion for Withdrawal of Counsel. 2. Under the Delaware Constitution, only a final judgment may be reviewed by this Court in a criminal case.1 The denial of a motion for the withdrawal of counsel filed in the Superior Court is not a final appealable order. As a result, this Court has no jurisdiction to review Qualls interlocutory appeal in this criminal case.2 3. The Court concludes, pursuant to Supreme Court Rule 29(c), that the within criminal interlocutory appeal, on its face, manifestly fails to invoke the Court s 1 Del Const. Art. IV, § 11(1)(b). See Gottlieb v. State, 697 A.2d 400 (Del. 1997); State v. Cooley, 430 A.2d 789 (Del. 1981); Rash v. State, 318 A.2d 603 (Del. 1974). 2 jurisdiction, and that the giving of notice of said defect would serve no meaningful purpose and that any response would be to no avail. NOW, THEREFORE, IT IS ORDERED, that this appeal is DISMISSED, sua sponte, pursuant to Supreme Court Rule 29(c). BY THE COURT: /s/ E. Norman Veasey Chief Justice -2-
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