Gibbs v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE JACK R. GIBBS, § § § § § § § § § § § Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. Submitted: Decided: No. 673, 2002 Appeal from a Board of Parole Hearing Cr. ID No. 81004288DI December 6, 2002 January 3, 2003 Before VEASEY, Chief Justice, HOLLAND and STEELE, Justices. ORDER This 3rd day of January 2003, it appears to the Court that: 1. On December 6, 2002, Jack R. Gibbs filed a notice of appeal from a hearing held December 3, 2002, by the Board of Parole. Delaware does not provide for appellate review from the decisions of the Board of Parole.* 2. In view of the foregoing, the Court concludes, pursuant to Supreme Court Rule 29(c), the notice of appeal on its face manifestly fails to invoke this Court s jurisdiction. The giving of notice of dismissal would serve no meaningful purpose and any response thereto would be of no avail. * See DEL. CODE ANN. tit. 11, § 4347; Garvey v. Casson, 423 F. Supp. 68 (D. Del. 1976). NOW, THEREFORE, IT IS ORDERED, that the within appeal be and hereby is DISMISSED, sua sponte, pursuant to Supreme Court Rule 29(c). BY THE COURT: /s/ E. Norman Veasey Chief Justice

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