Lawson v. State

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). 2