Rollins v. State ( 2017 )

IN THE SUPREME COURT OF THE STATE OF DELAWARE
DUANE ROLLINS, §
§
Defendant Below, § No. 141, 2017
Appellant, §
§ Court Below—Superior Court
v. § of the State of Delaware
§
STATE OF DELAWARE, § Cr. ID No. 1212010904
§
Plaintiff Below, §
Appellee. §
Submitted: April 21, 2017
Decided: April 25, 2017
Before STRINE, Chief Justice; VALIHURA and SEITZ, Justices.
ORDER
This 25th day of April 2017, it appears to the Court that:
(1) On March 31, 2017, the appellant, Duane Rollins, filed a notice of
appeal from a March 2, 2017, Superior Court order denying his motion for
appointment of counsel, which he filed in connection with his first and second
motions for postconviction relief. The Senior Court Clerk issued a notice to show
cause directing Rollins to show why his appeal should not be dismissed based on
this Court’s lack of jurisdiction under Article IV, § 11(1)(b) of the Delaware
Constitution to hear an interlocutory appeal in a criminal case. In his response to
the notice to show cause, Rollins argues review would serve the interests of justice.
(2) Under the Delaware Constitution, this Court may review only a final
judgment in a criminal case.1 The Superior Court’s denial of Rollins’ motion to
compel is an interlocutory, not final, order.2 This Court therefore does not have
jurisdiction to review this appeal.3
NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rule 29(b),
that this appeal is DISMISSED.
BY THE COURT:
/s/ Leo E. Strine, Jr.
Chief Justice
1
Del. Const. art. IV, § 11(1)(b).
2
See, e.g., Harris v. State, 2013 WL 4858990, at *1 (Del. Sept. 10, 2013) (holding Superior
Court order denying motion for appointment of counsel is an interlocutory order).
3
Gottlieb v. State, 697 A.2d 400, 401 (Del. 1997).
2