No. 236, 2000Supreme Court of Delaware.Submitted: December 17, 2001
Decided: December 19, 2001
Court Below-Superior Court of the State of Delaware, in and for New Castle County Cr.A. Nos. IN98-02-1753AC through IN98-02-1759AC
Dismissed and remanded.
Unpublished Opinion is below
JOSEPH L. BURTON, Defendant Below-Appellant, v. STATE OF DELAWARE, Plaintiff Below-Appellee. No. 236, 2000 Supreme Court of the State of Delaware. Submitted: December 17, 2001 Decided: December 19, 2001
Before VEASEY, Chief Justice, WALSH, and HOLLAND, Justices.
Joseph T. Walsh, Justice:
ORDER
This 19th day of December 2001, it appears to the Court that:
(1) This matter was remanded to the Superior Court by Order dated March 6, 2001, for further remand to the Court of Common Pleas to determine whether defendant below-appellant was entitled to a new trial on the ground of ineffective assistance of counsel.
(2) On November 15, 2001, the Court of Common Pleas granted the appellant a new trial. The parties to this appeal have agreed that the grant of a new trial by the Court of Common Pleas renders this appeal, as well as the later Superior Court appeal, moot.
NOW, THEREFORE, IT IS ORDERED that this appeal is DISMISSED as moot and the matter REMANDED to the Superior Court for further remand to the Court of Common Pleas for the grant of a new trial.