Opinion
No. 35, 2017
02-23-2017
NIGEL SYKES, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee.
Court Below—Superior Court of the State of Delaware Cr. ID No. 1012000026 Before VALIHURA, VAUGHN, and SEITZ, Justices. ORDER
This 23rd day of February 2017, it appears to the Court that:
(1) On January 19, 2017, the Court received the appellant's notice of appeal from a Superior Court Commissioner's denial of his motion for reconsideration. The Chief Deputy 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 Comissioner's order.
(2) This appeal is subject to dismissal because the appellant's response to the notice to show cause was not filed within the required ten-day period. Even if the response to the notice to show cause was timely filed, the response does not address this Court's lack of jurisdiction. 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 decision. Accordingly, this appeal must be dismissed.
Supr. Ct. R. 3(b)(2); Supr. Ct. R. 29(b).
Kostyshyn v. City of Wilmington, 2013 WL 4716069, at *1 (Del. Aug. 29, 2013) (citing Johnson v. State, 884 A.2d 475, 479 (Del. 2005)).
NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rules 3(b)(2) and 29(b), that this appeal is DISMISSED.
BY THE COURT:
/s/_________
Justice