Cleveland v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE VINCENT CLEVELAND, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 241, 2009 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID 0301006634 Submitted: May 7, 2009 Decided: June 5, 2009 Before HOLLAND, BERGER, and JACOBS, Justices. ORDER This 5th day of June 2009, it appears to the Court that: (1) On April 30, 2009, the Court received Vincent Cleveland s notice of appeal from a Superior Court Commissioner s order dated April 22, 2009. The Senior Court Clerk issued a notice to Cleveland to show cause why the appeal should not be dismissed as an impermissible interlocutory appeal in a criminal case.1 (2) Cleveland filed a response to the notice to show cause on May 7, 2009. He acknowledges that the Commissioner s order is a not a final, 1 See Johnson v. State, 884 A.2d 475 (Del. 2005). appealable order and that further proceedings are on-going in the Superior Court. Nonetheless, he requests this Court to retain jurisdiction over the matter until a final order is issued by the Superior Court. (3) Unfortunately, the Court has no jurisdiction over this interlocutory appeal.2 Once the Superior Court issues a final order in Cleveland s case, he will have the right to file a notice of appeal within thirty days of that final order. NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rule 29(b), that the within appeal is DISMISSED. BY THE COURT: /s/ Carolyn Berger Justice 2 See Del. Const. art IV, § 11(1)(b). -2-
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