Brown v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE MICHAEL BROWN, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 494, 2012 Court Below Superior Court of the State of Delaware in and for New Castle County Cr. ID No. 0412008486 Submitted: September 17, 2012 Decided: September 26, 2012 Before BERGER, JACOBS and RIDGELY, Justices. ORDER This 26th day of September 2012, it appears to the Court that: (1) In September 2006, a Superior Court jury found the appellant, Michael A. Brown, guilty of multiple counts of Robbery in the First Degree and other related offenses. Brown was sentenced to a lengthy prison term. On direct appeal, we affirmed Brown s convictions and sentences.1 (2) On January 7, 2008, Brown filed his first motion for postconviction relief pursuant to Superior Court Criminal Rule 61. By order dated February 28, 1 Brown v. State, 2007 WL 2399227 (Del. Supr.). 2008, the Superior Court denied the motion.2 Brown did not appeal the Superior Court s judgment. (3) Brown filed his second postconviction motion on December 28, 2008. The motion was assigned to a Superior Court Commissioner who, on February 6, 2009, filed a report recommending that the motion should be summarily dismissed. (4) Brown filed a notice of appeal from the Commissioner s report in the Delaware Supreme Court. By order dated July 20, 2009, we dismissed the appeal.3 Thereafter, by order dated August 1, 2011, the Superior Court adopted the Commissioner s report and denied Brown s second postconviction motion. Brown did not appeal the Superior Court s judgment. (5) On September 7, 2012, the Court received Brown s notice of appeal from the Superior Court s letter order of August 8, 2012 denying his motion for appointment of counsel filed on April 18, 2012. On September 7, 2012, the Clerk issued a notice pursuant to Supreme Court Rule 29(b) directing that Brown show cause why the appeal should not be dismissed based upon this Court s lack of jurisdiction to entertain an interlocutory appeal in a criminal matter. (6) In his response to the notice to show cause, Brown asserts that he is entitled to the effective assistance of counsel in connection with his first state 2 State v. Brown, 2008 WL 555921 (Del. Super. Ct.). 3 Brown v. State, 2009 WL 2142495 (Del. Supr.). Brown did not respond to the State s motion to dismiss. 2 petition for postconviction relief. Brown contends that the August 8, 2012 letter order denying his motion for appointment of counsel involves a substantial question of law, the early determination of which will promote a more orderly disposition of the case. (7) Under the Delaware Constitution, only a final judgment may be reviewed by this Court in a criminal case.4 The Court has no jurisdiction to entertain an appeal from an interlocutory order in a criminal case.5 In this case, the Superior Court s October August 8, 2012 letter order denying Brown s motion for appointment of counsel (presumably to pursue a postconviction remedy) is an interlocutory order and not a final criminal judgment.6 This Court has no jurisdiction to consider Brown s appeal.7 NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rule 29(b), that the appeal is DISMISSED. BY THE COURT: /s/ Jack B. Jacobs Justice 4 Del. Const. art. IV, § 11(1)(b). 5 State v. Cooley, 430 A.2d 789, 791 (Del 1981). 6 See Daniels v. State, 2009 WL 3367072 (Del. Supr.) (dismissing appeal from order denying appointment of counsel). 7 See St. Louis v. State, 2012 WL 130877 (Del. Supr.) (citing Gottlieb v. State, 697 A.2d 400 (Del. 1997)). 3
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