Kollore v. State

• Court: Supreme Court of Delaware
• Decided: August 11, 2023
• Docket: 255, 2023
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

LANCE KOLLORE, § § Defendant Below, § No. 255, 2023 Appellant, § § Court Below: Superior Court v. § of the State of Delaware § STATE OF DELAWARE, § C.A. No. N23M-05-155 § Appellee. §

Submitted: August 1, 2023 Decided: August 11, 2023

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

ORDER

(1) The appellant, Lance Kollore, filed this appeal from an order of a

Superior Court Commissioner designating Kollore as a Tier III sex offender under

11 Del. C. §§ 4121-22. The office of the Clerk of this Court issued a notice directing

Kollore to show cause why the appeal should not be dismissed based on the Court’s

lack of jurisdiction to consider an appeal taken directly from a Superior Court

Commissioner’s order. Postal records indicate that the notice to show cause was

delivered on July 20, 2023. The appellant did not respond to the notice within the

required ten-day period. For that reason, the Court could dismiss the appeal as

unopposed.1

1 See Del. Supr. Ct. R. 29(b). (2) The Court did receive an opening brief from Kollore on July 27, 2023.

To the extent that Kollore intended that document to be a response to the notice to

show cause, it does not address this Court’s lack of jurisdiction to consider an appeal

from a Superior Court Commissioner’s order. “The right of review of a Superior

Court Commissioner’s order is to a judge of the Superior Court. In the absence of

intermediate review by a Superior Court judge, this Court is without jurisdiction to

hear an appeal from any action taken by a Commissioner.”2

NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rule 29(b),

that the appeal is DISMISSED.

BY THE COURT:

/s/ N. Christopher Griffiths Justice

2 Jagger v. State, 2019 WL 7369200, at *1 (Del. Dec. 30, 2019) (citations omitted).