Perkins v. State

Summary

The Delaware Supreme Court dismissed Leon K. Perkins’s appeal from an order denying his motion for appointment of counsel in connection with further post-conviction proceedings. The Court held that the order was interlocutory and not appealable in a criminal matter before entry of a final order on the post-conviction motion.

Holdings

1. Under the Delaware Constitution, the Supreme Court may review only a final judgment in a criminal case; an interlocutory order is not appealable absent an applicable exception.
2. The denial of a motion for appointment of counsel to pursue postconviction remedies is not appealable as a collateral order before entry of a final order on the postconviction relief motion.

Questions Presented

1. Whether the Delaware Supreme Court had jurisdiction to review an interlocutory Superior Court order denying appointment of counsel in a criminal postconviction matter.
2. Whether the denial of appointment of counsel was appealable as a collateral order before entry of a final order on the postconviction motion.

Disposition

dismissed