No. 432, 2003Supreme Court of Delaware.Submitted: September 15, 2003
Decided: October 6, 2003
Court Below: Superior Court of the State of Delaware in and for Kent County Cr. ID No. 9905015253
Before VEASEY, Chief Justice, HOLLAND and STEELE, Justices.
ORDER
Randy J. Holland, Justice
This 6th day of October 2003, it appears to the Court that:
1. On September 2, 2003, the appellant, Warren Chapman, filed a pro se notice of appeal from a decision of the Superior Court dated August 13, 2003.
In its decision, the Superior Court denied Chapman’s request for counsel because it found that the issues presented were not complex or difficult.
2. On September 3, 2003, the Assistant Clerk of this Court issued a notice, pursuant to Supreme Court 29(b), directing Chapman to show cause why this appeal should not be dismissed based on this Court’s lack of jurisdiction to entertain a criminal interlocutory appeal. On September 15, 2003, Chapman filed a response to the notice to show cause. Chapman’s response does not address the issue of this Court’s lack of jurisdiction to entertain a criminal interlocutory appeal.
3. The Superior Court’s refusal to appoint counsel for appellant is clearly an interlocutory ruling in this criminal matter.[1]
4. Under the Delaware Constitution, this Court may review only a final judgment in a criminal case.[2] As a result, this Court does not have jurisdiction to review the Superior Court’s interlocutory ruling in this case.[3]
NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rule 29(b), that this appeal is DISMISSED.