State v. Azofeifa-Ramirez

Summary

The Delaware Superior Court denied Bryan Azofeifa-Ramirez’s application for certification of an interlocutory appeal from an order partially granting and partially denying his motion to suppress. The court held that the Delaware Supreme Court lacks jurisdiction to hear interlocutory appeals in criminal cases, even if the Superior Court were to certify the appeal.

Holdings

1. Under the Delaware Constitution, the Delaware Supreme Court does not have jurisdiction to hear an interlocutory appeal in a criminal case and may review only a final judgment.
2. The defendant's application for certification of an interlocutory appeal is denied.

Questions Presented

1. Whether the Superior Court should certify an interlocutory appeal from its order partially granting and partially denying the defendant's motion to suppress.
2. Whether the Delaware Supreme Court has jurisdiction to hear an interlocutory appeal in a criminal case.

Disposition

writ_denied