Longfellow v. State ( 2021 )

IN THE SUPREME COURT OF THE STATE OF DELAWARE
JESSE LONGFELLOW, §
§
Defendant Below, § No. 258, 2021
Appellant, §
§ Court Below: Superior Court
v. § of the State of Delaware
§
STATE OF DELAWARE, § Cr. I.D. No. 1109005393 (K)
§
Plaintiff Below, §
Appellee. §
§
Submitted: September 14, 2021
Decided: September 16, 2021
ORDER
(1) The Court received a letter from Jesse Longfellow, who is represented
by counsel in a proceeding for modification of sentence in the Superior Court; in the
letter, Longfellow expressed his desire to appeal from an entry on the Superior Court
docket that indicates that the Superior Court did not take action on the motion for
sentence modification on July 22, 2021. Under the Delaware Constitution, this
Court may review only a final judgment in a criminal case.1 Because the Superior
Court docket indicated that the court had not yet resolved the motion, the Clerk sent
a notice to Longfellow, with a copy to his counsel, directing him to show cause why
1
DEL. CONST. art. IV, § 11(1)(b); Gottlieb v. State, 697 A.2d 400, 401-02 (Del. 1997).
his appeal should not be dismissed for the Court’s lack of jurisdiction to entertain an
interlocutory appeal in a criminal case.
(2) On September 1, 2021, the Court received the certified mail receipt
indicating that the notice to show cause had been delivered. A timely response to
the notice to show cause would have been due on or before September 13, 2021.
The appellant having failed to respond to the notice to show cause within the
required ten-day period, dismissal of this action is deemed to be unopposed.
NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rule 29(b),
that the appeal is DISMISSED.
BY THE COURT:
/s/ Gary F. Traynor
Justice
2