Lawson v. State

• Court: Supreme Court of Delaware
• Decided: April 23, 2015
• Docket: 146, 2015
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

SHAWNA LAWSON, § § No. 146, 2015 Petitioner Below, § Appellant, § § Court Below—Superior Court v. § of the State of Delaware, § in and for New Castle County STATE OF DELAWARE, § Cr. ID No. N13M-12-047 § Respondent Below, § Appellee. §

Submitted: April 6, 2015 Decided: April 23, 2015

Before STRINE, Chief Justice, HOLLAND, and VALIHURA, Justices.

ORDER

This 23rd day of April 2015, it appears to the Court that:

(1) On March 24, 2015, the Court received the appellant’s notice of

appeal from an order dated February 24, 2015, which was entered by a

Superior Court Commissioner. The Senior Court 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 Commissioner’s order.

(2) In her response to the notice to show cause, the appellant does

not address this Court’s lack of jurisdiction. The right of review of a Commissioner’s order is to a judge of the Superior Court.1 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 order.2

Therefore, this appeal must be dismissed.

NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rule

29(b), that this appeal is DISMISSED.

BY THE COURT:

/s/ Randy J. Holland Justice

1 Super. Ct. Civ. R. 132. 2 See Johnson v. State, 884 A.2d 475, 479 (Del. 2005).