Binaird v. State

Summary

The Delaware Supreme Court affirmed the Superior Court’s denial of Andre Binaird’s untimely motion for rehearing. It dismissed in part for lack of jurisdiction because the Superior Court had not ruled on Binaird’s third motion for postconviction relief, making the appeal from denial of appointment of counsel interlocutory and any appeal concerning the postconviction motion premature.

Holdings

1. An appeal from a postconviction motion is premature when the Superior Court has not entered an order or judgment ruling on that motion.
2. The Delaware Supreme Court lacks jurisdiction to review an interlocutory order denying appointment of counsel in a criminal postconviction matter before entry of a final judgment on the underlying postconviction motion.
3. A motion for reargument or rehearing in the Superior Court must be filed within five days after the filing of the court's decision; the Superior Court lacks jurisdiction to consider an untimely motion.

Questions Presented

1. Whether the Delaware Supreme Court had jurisdiction to review the denial of a motion for appointment of counsel when the Superior Court had not yet ruled on the underlying third postconviction motion.
2. Whether an appeal from the unresolved third postconviction motion was premature.
3. Whether the Superior Court properly denied Binaird's motion for rehearing as untimely because it was filed more than five days after the order at issue.

Disposition

dismissed