Woodlin v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE HOWARD WOODLIN, § § § § § § § § § § § Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. No. 98, 2012 Court Below Superior Court of the State of Delaware in and for Kent County Cr. ID No. 0709033390 Submitted: June 13, 2012 Decided: July 12, 2012 ORDER This 12th day of July 2012, it appears to the Court that: (1) The appellant, Howard Woodlin, filed an appeal from the Superior Court s December 14, 2011 and February 27, 2012 orders denying his motion for reconsideration of the Superior Court Commissioner s denial of his motion to amend his postconviction motion pursuant to Superior Court Criminal Rule 61. For the reasons that follow, we conclude that Woodlin s appeal must be dismissed. (2) The record before us reflects that, in November 2008, Woodlin was convicted of Rape in the First Degree and related offenses. Woodlin s convictions were affirmed by this Court on direct appeal.1 Thereafter, Woodlin filed a motion for postconviction relief in the Superior Court. While his postconviction motion was pending before the Superior Court Commissioner, Woodlin filed a motion to amend his opening brief. The Commissioner denied the motion. Woodlin filed a motion for reconsideration with the Superior Court judge, which was denied. This appeal ensued. (3) Under the Delaware Constitution, only a final judgment may be reviewed by this Court in a criminal case.2 This Court has no jurisdiction to entertain an appeal from an interlocutory order in a criminal case.3 The order from which Woodlin purports to take an appeal is clearly interlocutory.4 Because this Court has no jurisdiction to entertain Woodlin s appeal from an interlocutory order in his criminal case, the appeal must be dismissed. 1 Woodlin v. State, 3 A.3d 1084 (Del. 2010). Del. Const. art. IV, §11(1) (b); Gottlieb v. State, 697 A.2d 400, 401 (Del. 1997). 3 Id. 4 J.L. Kislak Mortgage Corp. of Del. v. William Matthews, Builder, Inc., 303 A.2d 648, 650 (Del. 1973); Showell Poultry, Inc. v. Delmarva Poultry Corp., 146 A.2d 794, 796 (Del. 1958). 2 2 NOW, THEREFORE, IT IS ORDERED that the appeal is DISMISSED. BY THE COURT: /s/ Myron T. Steele Chief Justice 3
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