Bishop v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE SAMUEL BISHOP, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 146, 2016 Court Below—Superior Court of the State of Delaware Cr. ID No. 86013220DI Submitted: April 11, 2016 Decided: June 2, 2016 Before HOLLAND, VALIHURA and VAUGHN, Justices. ORDER This 2nd day of June 2016, upon consideration of the notice to show cause and the appellant’s response, it appears to the Court that: (1) The appellant, Samuel Bishop, has appealed the Superior Court’s order of March 8, 2016, denying his “motion for discovery and inspection.” Bishop’s motion sought a copy of the available pretrial discovery from his 1979 convictions for Rape in the First Degree and Kidnapping in the First Degree. (2) On March 29, 2016, the Clerk issued a notice to Bishop to show cause why the appeal should not be dismissed based on this Court’s lack of jurisdiction to consider an interlocutory appeal in a criminal case. Bishop has filed a response to the notice to show cause, explaining that he needs the pretrial discovery “to develop a factual record” to support a postconviction motion he intends to file. (3) Under the Delaware Constitution only a final judgment may be reviewed by the Court in a criminal case.1 In this case, the Superior Court’s denial of Bishop’s motion for discovery and inspection is not a final order and cannot be appealed to this Court prior to the entry of a final order on a postconviction motion.2 NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rule 29(b), that the appeal is DISMISSED. BY THE COURT: /s/ Karen L. Valihura Justice 1 Del. Const. art. IV, § 11(1)(b). 2 Accord Ridley v. State, 2014 WL 1875483 (Del. May 6, 2014) (citing Del. Const. art. IV, § 11(1)(b)); St. Louis v. State, 2012 WL 130877 (Del. Jan. 17, 2012) (citing Robinson v. State, 704 A.2d 269, 271 (Del. 1998)); Browne v. State, 1992 WL 21146 (Del. Jan. 21, 1992) (citing Gannett Co., Inc. v. State, 565 A.2d 895, 899 (Del. 1989)). 2