IN THE SUPREME COURT OF THE STATE OF DELAWARE
DWAYNE EVANS, §
§
Defendant Below, § No. 3, 2015
Appellant, §
§
v. § Court Below—Superior Court
§ of the State of Delaware,
STATE OF DELAWARE, § in and for New Castle County
Plaintiff Below, § Cr. ID No. 1206024952
Appellee. §
§
Submitted: February 2, 2015
Decided: February 12, 2015
Before HOLLAND, VALIHURA, and VAUGHN, Justices.
ORDER
This 12th day of February 2015, it appears to the Court that:
(1) The appellant, Dwayne Evans, filed this appeal from the Superior
Court’s denial of his motion to amend his first motion for postconviction relief.
The State of Delaware has filed a motion to dismiss the appeal as interlocutory1 or,
in the alternative, to affirm the judgment below on the ground that it is manifest on
the face of Evans’ opening brief that his appeal is without merit.2 We agree that
the appeal is interlocutory and must be dismissed.
1
Supr. Ct. R. 29(b).
2
Supr. Ct. R. 25(a).
(2) The record reflects that, in June 2013, Evans pled guilty to Murder in
the Second Degree. Evans was sentenced to life imprisonment, suspended after
twenty-five years for decreasing levels of supervision. Evans did not appeal his
conviction or sentence.
(3) On June 26, 2014, Evans filed his first motion for postconviction
relief. The Superior Court summarily dismissed the motion on August 21, 2014.
Evans did not appeal the Superior Court’s order. On September 26, 2014, Evans
attempted to file a second motion for postconviction relief, but the motion was
returned to him under Superior Court Criminal 61(c)(1) because, among other
things, it did not contain his original signature.
(4) On November 18, 2014, Evans filed a motion to amend his first
motion for postconviction relief, claiming he was entitled to appointment of
counsel. The Superior Court denied the motion as untimely and held it would not
appoint counsel. This appeal followed. Evans filed his opening brief and the State
moved to dismiss the appeal as interlocutory or, in the alternative, to affirm the
judgment below.
(5) Under the Delaware Constitution, only a final judgment may be
reviewed by this Court in a criminal case.3 This Court has no jurisdiction to hear
3
Del. Const. art. IV, § 11(1)(b).
2
an appeal from an interlocutory order in a criminal case.4 The Superior Court’s
order denying Evans’ motion to amend his first motion for postconviction relief is
interlocutory.5 Because this Court has no jurisdiction to hear an appeal from an
interlocutory order in a criminal case, the appeal must be dismissed.
NOW, THEREFORE, IT IS ORDERED that the motion to dismiss is
GRANTED and the appeal is DISMISSED.
BY THE COURT:
/s/ Karen L. Valihura
Justice
4
Gottlieb v. State, 697 A.2d 400, 401 (Del. 1997).
5
See, e.g., Raymond v. State, 2013 WL 56144, at *1 n.3 (Del. Jan. 3, 2013) (refusing to address
arguments presented in connection with interlocutory order denying motion to amend
postconviction motion).
3