Harris v. State
Annotate this Case
Download PDF
IN THE SUPREME COURT OF THE STATE OF DELAWARE DARNELL HARRIS, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 693, 2009 Court Below Superior Court of the State of Delaware in and for New Castle County Cr. ID No. 9407002626 Submitted: December 10, 2009 Decided: December 14, 2009 Before STEELE, Chief Justice, HOLLAND and RIDGELY, Justices. ORDER This 14th day of December 2009, upon consideration of the appellant s response to the notice to show cause, it appears to the Court that: (1) On November 30, 2009, the appellant, Darnell Harris, filed a notice of appeal from a Superior Court commissioner s November 13, 2009 report recommending that Harris motion for postconviction relief should be denied. On December 1, 2009, the Clerk issued a notice directing that Harris show cause why the appeal should not be dismissed pursuant to Supreme Court Rule 29(b) for this Court s lack of jurisdiction to consider an appeal directly from a commissioner s report and recommendation.1 (2) In his response to the notice to show cause, Harris maintains that his appeal was timely filed. He does not, however, address the jurisdictional issue raised in the notice to show cause. (3) The Court s appellate jurisdiction is limited to decisions issued by judges of a court.2 The Court does not have the authority to hear an appeal directly from a report and recommendation of a Superior Court commissioner without intermediate review by a Superior Court judge.3 NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rule 29(b), that the appeal is DISMISSED. BY THE COURT: /s/ Myron T. Steele Chief Justice 1 Johnson v. State, 884 A.2d 475, 479 (Del. 2005). Id. 3 Id. See also Cleveland v. State, 2009 WL 1579000 (Del. Supr.) (dismissing appeal from commissioner s order as an impermissible interlocutory appeal in a criminal case ); Wilmer v. State, 2009 WL 696400 (Del. Supr.) (dismissing appeal from commissioner s report recommending that appellant s motion for postconviction relief should be denied). 2 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.
