Background
Aurora Kalima filed a notice of appeal from a Superior Court order denying her pretrial motions in a criminal case.
The Senior Court Clerk directed Kalima to show cause why the appeal should not be dismissed for lack of jurisdiction. Kalima received an extension through September 24, 2026, but did not respond, so dismissal was deemed unopposed.
The Court’s Holding
The Delaware Supreme Court held that it lacked jurisdiction over the appeal. Under article IV, section 11(a)(2) of the Delaware Constitution, the court may review only a final judgment in a criminal case, and the order denying Kalima’s pretrial motions was interlocutory.
The court dismissed the appeal under Delaware Supreme Court Rules 3(b)(2) and 29(b).
Key Takeaways
- The Delaware Supreme Court lacks jurisdiction over interlocutory appeals in criminal cases.
- An order denying pretrial motions is not a final criminal judgment reviewable by the court.
- Kalima’s failure to answer the show-cause notice made dismissal unopposed.
Why It Matters
The order reinforces Delaware’s categorical final-judgment rule for criminal appeals: a defendant cannot immediately appeal a pretrial ruling to the Delaware Supreme Court.
Review in that court must await a final judgment in the criminal case.