Alley v. State

• Court: Supreme Court of Delaware
• Decided: July 18, 2023
• Docket: 215, 2023
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

ROBERT ALLEY, § § Defendant Below, § No. 215, 2023 Appellant, § § Court Below: Superior Court v. § of the State of Delaware § STATE OF DELAWARE, § Cr. I.D. No. 2302011589 § Appellee. §

Submitted: July 3, 2023 Decided: July 18, 2023

ORDER

The appellant, Robert Alley, is a defendant in a criminal action in the Superior

Court, in which he is represented by counsel. Alley, acting pro se, filed a document

in this Court seeking review and reversal of a Superior Court Commissioner’s June

5, 2023 decisions denying Alley’s motion for reduction of bail, motion for transcript,

and motion for discovery. The office of the Clerk of this Court deemed the document

to be a notice of appeal and issued a notice directing Alley to show cause why the

appeal should not be dismissed based on this Court’s lack of jurisdiction to consider

a criminal interlocutory appeal or an appeal taken directly from a Superior Court

Commissioner’s order. On June 22, 2023, the Court received the certified mail

receipt indicating that the appellant had received the notice to show cause on June 20, 2023. The appellant has not responded to the notice within the required ten-day

period. For that reason, dismissal of the appeal is deemed to be unopposed.

NOW, THEREFORE, IT IS ORDERED that the appeal is DISMISSED under

Supreme Court Rules 3(b)(2) and 29(b).

BY THE COURT:

/s/ Abigail M. LeGrow Justice