Barrett v. State

IN THE SUPREME COURT OF THE STATE OF DELAWARE
JANE BARRETT,1 §
§
Respondent Below, § No. 458, 2023
Appellant, §
§ Court Below—Superior Court
v. § of the State of Delaware
§
STATE OF DELAWARE, § C.A. No. S23M-09-014
§
Petitioner, §
Appellee. §
Submitted: February 9, 2024
Decided: February 14, 2024
Before SEITZ, Chief Justice; VALIHURA and GRIFFITHS, Justices.
ORDER
Upon consideration of the unopposed motion to remand, it appears to the
Court that:
(1) The appellant, Jane Barrett, filed this appeal from a Superior Court
order requiring her to relinquish firearms in her possession under 11 Del. C. § 1448C.
(2) After Barrett filed her opening brief, the State filed a motion to remand
this matter to the Superior Court. The State admits that police did not comply with
all of the civil procedures for relinquishment under Section 1448C and asks that the
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The Court has assigned a pseudonym to the appellant.
Superior Court have the opportunity to address this lack of compliance in the first
instance as it was not raised below. Barrett has no objection to the motion to remand.
(3) The Court agrees that the proper course of action is to remand this
matter to the Superior Court for further proceedings.
NOW, THEREFORE, IT IS ORDERED that this matter is REMANDED to
the Superior Court for further proceedings. Jurisdiction is not retained.
BY THE COURT:
/s/ Collins J. Seitz, Jr.
Chief Justice
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