Page v. State ( 2016 )


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  •            IN THE SUPREME COURT OF THE STATE OF DELAWARE
    DARREL PAGE,                            §
    §
    Defendant Below,                  §   No. 488, 2016
    Appellant,                        §
    §   Court Below—Superior Court
    v.                                §   of the State of Delaware
    §
    STATE OF DELAWARE,                      §   Cr. ID No. 9911016961
    §
    Plaintiff Below,                  §
    Appellee.                         §
    Submitted: October 31, 2016
    Decided:   November 7, 2016
    Before STRINE, Chief Justice; VAUGHN, and SEITZ, Justices.
    ORDER
    This 7th day of November 2016, it appears to the Court that:
    (1)    On October 3, 2016, the appellant, Darrel Page, filed a notice of
    appeal from a September 14, 2016 Superior Court order denying his motion to
    compel the production of documents in his former counsel’s possession. The
    Senior Court Clerk issued a notice to show cause directing Page 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, Page contends that
    this Court has jurisdiction to hear his appeal and argues the merits of his appeal.
    (2)     Under the Delaware Constitution, this Court may review only a final
    judgment in a criminal case.1 The Superior Court's denial of Page’s 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/ Collins J. Seitz, Jr.
    Justice
    1
    Del. Const. art. IV, § 11(1)(b).
    2
    See, e.g., Whitfield v. State, 
    2007 WL 2751208
    , at *1 (Del. Aug. 13, 2007) (describing denial of
    motion to compel discovery as an interlocutory order); Cooper v. State, 
    2004 WL 3186198
    , at *1
    (Del. Dec. 29, 2004) (concluding that denial of motion to compel was an interlocutory order).
    3
    Gottlieb v. State, 
    697 A.2d 400
    , 401 (Del. 1997).
    2
    

Document Info

Docket Number: 488, 2016

Judges: Seitz J.

Filed Date: 11/7/2016

Precedential Status: Precedential

Modified Date: 11/9/2016