Barrett v. State

• Court: Supreme Court of Delaware
• Decided: February 14, 2024
• Docket: 458, 2023
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

JANE BARRETT,1 § § Respondent Below, § No. 458, 2023 Appellant, § § Court Below—Superior Court v. § of the State of Delaware § STATE OF DELAWARE, § C.A. No. S23M-09-014 § Petitioner, § Appellee. §

Submitted: February 9, 2024 Decided: February 14, 2024

Before SEITZ, Chief Justice; VALIHURA and GRIFFITHS, Justices.

ORDER

Upon consideration of the unopposed motion to remand, it appears to the

Court that:

(1) The appellant, Jane Barrett, filed this appeal from a Superior Court

order requiring her to relinquish firearms in her possession under 11 Del. C. § 1448C.

(2) After Barrett filed her opening brief, the State filed a motion to remand

this matter to the Superior Court. The State admits that police did not comply with

all of the civil procedures for relinquishment under Section 1448C and asks that the

1 The Court has assigned a pseudonym to the appellant. Superior Court have the opportunity to address this lack of compliance in the first

instance as it was not raised below. Barrett has no objection to the motion to remand.

(3) The Court agrees that the proper course of action is to remand this

matter to the Superior Court for further proceedings.

NOW, THEREFORE, IT IS ORDERED that this matter is REMANDED to

the Superior Court for further proceedings. Jurisdiction is not retained.

BY THE COURT:

/s/ Collins J. Seitz, Jr. Chief Justice