St. Louis v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE JAMES ST. LOUIS, § § § § § § § § § § § § Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. No. 360, 2004 Court Below Superior Court of the State of Delaware, in and for Sussex County Cr. ID 0009015005 Submitted: September 3, 2004 Decided: September 27, 2004 Before HOLLAND, BERGER, and JACOBS, Justices. ORDER This 27th day of September 2004, it appears to the Court that: (1) The appellant, James St. Louis, filed this appeal from a decision of the Superior Court, dated June 30, 2004, which denied St. Louis request for transcripts. The Clerk of the Court issued a notice to St. Louis to show cause why his appeal should be dismissed based on the Court s lack of jurisdiction to entertain an interlocutory appeal in a criminal case. (2) St. Louis filed a response to the notice to show cause on September 3, 2004. St. Louis response does not address the jurisdictional issue raised in the notice to show cause. (3) Under the Delaware Constitution, this Court may only review a final judgment in a criminal case.1 The Superior Court s denial of St. Louis request for transcript in order to pursue a postconviction remedy is clearly an unappealable interlocutory ruling.2 As a result, this Court does not have jurisdiction to review this appeal.3 NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Carolyn Berger Justice 1 Del. Const. art. IV, § 11(1)(b). 2 See Robinson v. State, 704 A.2d 269, 271 (Del. 1998). 3 See Gottlieb v. State, 697 A.2d 400 (Del. 1997). 2
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