Reynolds v. State

 Annotate this Case
Download PDF
IN THE SUPREME COURT OF THE STATE OF DELAWARE RANDALL R. REYNOLDS, Defendant Below, Appellant, v. STATE OF DELAWARE, Defendant Below, Appellee. § § § § § § § § § § § No. 216, 2004 Court Below: Superior Court of the State of Delaware in and for Sussex County Def. ID No. 91S05508DI Submitted: June 18, 2004 Decided: July 19, 2004 Before STEELE, Chief Justice, HOLLAND and JACOBS, Justices. ORDER This 19th day of July 2004, it appears to the Court that: (1) On May 21, 2004, the appellant, Randall Reynolds, filed a pro se notice of appeal from a decision of the Superior Court dated May 5, 2004. In its decision, the Superior Court denied Reynolds Motion for Expansion of Record because there was no pending Rule 61 application before the Court. (2) On May 28, 2004, the Clerk of this Court issued a notice, pursuant to Supreme Court 29(b), directing Reynolds to show cause why this appeal should not be dismissed based on this Court's lack of jurisdiction to entertain a criminal interlocutory appeal. On June 9, 2004, Reynolds filed a response to the notice to show cause. Reynolds response does not address the issue of this Court s lack of jurisdiction to entertain a criminal interlocutory appeal. (3) On June 18, 2004, at the Court s request, the State filed a response to Reynolds response to the notice to show cause. As the State points out, it is clear from the record that the May 5, 2004, decision of the Superior Court denying Reynolds request for expansion of the record is an interlocutory order, not a final criminal judgment. (4) Under the Delaware Constitution, this Court may review only a final judgment in a criminal case.1 As a result, this Court does not have jurisdiction to review the Superior Court s interlocutory ruling in this case.2 NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rule 29(b), that this appeal is DISMISSED. BY THE COURT: /s/ Myron T. Steele Chief Justice 1 Del. Const. art. IV, § 11(1)(b). 2 See Gottlieb v. State, 697 A.2d 400 (Del. 1997); Rash v. State, 318 A.2d 603 (Del. 1974). -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.