Delaware Dept. of Justice v. Moncrief, et al.

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IN THE SUPREME COURT OF THE STATE OF DELAWARE DELAWARE DEPARTMENT OF JUSTICE, Non-Party BelowAppellant, v. ESTATE OF TREVOR R. MONCRIEF, et al., § § § § § § § § § § § No. 637, 2010 Court Below Superior Court of the State of Delaware in and for Kent County C.A. No. 08C-06-014 Plaintiffs BelowAppellees. Submitted: October 5, 2010 Decided: October 22, 2010 Before STEELE, Chief Justice, HOLLAND and RIDGELY, Justices ORDER This 22nd day of October 2010, it appears to the Court that: (1) The non-party/appellant, the Delaware Department of Justice ( DDOJ ), has petitioned this Court, pursuant to Supreme Court Rule 42, to accept an appeal from the September 3, 2010 interlocutory order of the Superior Court Commissioner, which ordered production of portions of a DDOJ criminal file. (2) The appellant filed its application for certification to take an interlocutory appeal in the Superior Court on September 13, 2010. On September 27, 2010, the Superior Court denied the certification application. (3) Applications for interlocutory review are addressed to the sound discretion of this Court. In the exercise of its discretion, the Court has concluded that the appellants application for interlocutory review fails to meet the requirements of Rule 42 and, therefore, should be refused. NOW, THEREFORE, IT IS ORDERED that the interlocutory appeal is REFUSED. BY THE COURT: /s/ Myron T. Steele Chief Justice 2

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