Stanford v. State

IN THE SUPREME COURT OF THE STATE OF DELAWARE
SHAMAR STANFORD, §
§ No. 143, 2019
Defendant Below, §
Appellant, §
§ Court Below—Superior Court
v. § of the State of Delaware
§
STATE OF DELAWARE, § Cr. ID No. 1511011810 (N)
§
Plaintiff Below, §
Appellee. §
Submitted: April 10, 2019
Decided: April 18, 2019
Before STRINE, Chief Justice; SEITZ and TRAYNOR, Justices.
ORDER
After consideration of the notice to show cause and the response, it
appears to the Court that:
(1) On April 1, 2019, the appellant filed a notice of appeal from a
Superior Court Commissioner’s report, dated March 8, 2019, that
recommended summary dismissal of his second motion for postconviction
relief and denial of his motion for appointment of counsel, motion for
transcripts, and motion to compel. The Senior Court Clerk issued a notice
directing the appellant to show cause why this appeal should not be dismissed
for this Court’s lack of jurisdiction to consider an appeal directly from a
Superior Court Commissioner’s order.
(2) In his response to the notice to show cause, the appellant requests
a remand of this matter so he does not waive his right to appeal. The right of
review of a Commissioner’s order is to a judge of the Superior Court.1 In the
absence of intermediate review by a Superior Court judge, this Court has no
jurisdiction to hear an appeal directly from a Superior Court Commissioner’s
order.2 This appeal is therefore dismissed. The appellant may file a notice of
appeal once the Superior Court enters a final order on his motion for
postconviction relief.
NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rule
29(b), that this appeal is DISMISSED.
BY THE COURT:
/s/Gary F. Traynor
Justice
1
Super. Ct. Crim. R. 62.
2
See Johnson v. State, 884 A.2d 475, 479 (Del. 2005).
2
3