Campbell v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE JAMARR CAMPBELL, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 404, 2013 Court Below Superior Court of the State of Delaware, in and for Sussex County Cr. ID No. 1301016197 Submitted: August 8, 2013 Decided: August 23, 2013 Before BERGER, JACOBS and RIDGELY, Justices. ORDER This 23rd day of August 2013, it appears to the Court that: (1) On July 29, 2013, the Court received the appellant s notice of appeal from the Superior Court s denial of a suppression hearing in his criminal case. On that same day, the Clerk issued a notice pursuant to Supreme Court Rule 29(b) directing the appellant to show cause why his appeal should not be dismissed based on the Court s lack of jurisdiction to entertain a criminal interlocutory appeal.1 1 DEL. CONST. art. IV, §11(1)(b); State v. Cooley, 430 A.2d 789, 791 n.2 (Del. 1981). (2) The appellant filed a response to the notice to show cause on August 8, 2013. The appellant states that the Court should consider the appeal because there was a constitutional violation. (3) This Court has no jurisdiction to entertain a criminal interlocutory appeal,2 such as the instant appeal from the Superior Court s denial of a suppression hearing in a criminal case. Therefore, the instant appeal must be dismissed. NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rule 29(b), that this appeal is DISMISSED. The appellant s motion for the appointment of counsel, filed on July 29, 2013, is also denied as moot. BY THE COURT: /s/ Jack B. Jacobs Justice 2 Gottlieb v. State, 697 A.2d 400, 401 (Del. 1997). 2

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