Burton v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE MARVIN T. BURTON, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 665, 2006 Court Below Superior Court of the State of Delaware, in and for Sussex County Cr. ID 0410003743 Submitted: December 29, 2006 Decided: April 13, 2007 Before STEELE, Chief Justice, HOLLAND, and BERGER, Justices. ORDER This 13th day of April 2007, it appears to the Court that: (1) The appellant, Marvin T. Burton, filed this appeal on December 20, 2006 from a decision of the Superior Court denying his request for transcripts. On the same day, the Chief Deputy Clerk of the Court issued a notice to Burton to show cause why his appeal should not be dismissed based on the Court s lack of jurisdiction to entertain an interlocutory appeal in a criminal case. (2) Burton filed a response to the notice to show cause on December 29, 2006. Burton s 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 Burton s 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 consider Burton s appeal.3 NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rule 29(b), that the within appeal is DISMISSED. BY THE COURT: /s/ Randy J. Holland Justice 1 Del. Const. art. IV, § 11(1)(b). 2 In re Hyson, 649 A.2d 807, 808 (Del. 1994). 3 See Gottlieb v. State, 697 A.2d 400 (Del. 1997). -2-
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