Melton v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

DOMINIQUE MELTON, § § No. 225, 2026 Defendant Below, § Appellant, § Court Below—Superior Court § of the State of Delaware v. § § Cr. ID Nos. 2309012425A/B (K) STATE OF DELAWARE, § § Appellee. §

Submitted: July 1, 2026 Decided: July 9, 2026

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

ORDER

Upon consideration of the notice to show cause and the response, it appears

to the Court that:

(1) The appellant, Donminique Melton, filed this appeal from a Superior

Court Commissioner’s report recommending denial of his motion for postconviction

relief under Superior Court Criminal Rule 61. The Chief Deputy Clerk issued a

notice directing Melton 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. In the document deemed to be his response to the notice to

show cause, Melton argues the substantive merits of his motion for postconviction

relief and does not address the jurisdictional defect. (2) 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.1 Melton may file a notice of appeal once the Superior Court

enters a final order on his motion for postconviction relief. This appeal must be

dismissed.

NOW, THEREFORE, IT IS ORDERED, that this appeal is dismissed under

Supreme Court Rule 29(b).

BY THE COURT:

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

1 Johnson v. State, 884 A.2d 475, 478 (Del. 2005).