YOUNG v. STATE, 974 A.2d 858 (Del. 2009)

No. 91, 2009.Supreme Court of Delaware.
June 2, 2009.

Court Below — Superior Court of the State of Delaware, in and for New Castle County, Cr. ID 0701026598.

Before HOLLAND, BERGER, and JACOBS, Justices.

ORDER
CAROLYN BERGER, Justice.

This 2nd day of June 2009, after careful consideration of appellant’s opening brief and the State’s motion to affirm, we find it manifest that the appeal is subject to dismissal because the judgment of the Superior Court, which denied appellant’s motion for discovery, is an unappealable interlocutory order in a criminal case.[1] Appellant first must file a petition for postconviction relief under Superior Court Criminal Rule 61 before he can seek to compel discovery.

NOW, THEREFORE, IT IS ORDERED that the within appeal is hereby DISMISSED.

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