Background
On July 16, 2026, the Delaware Court of Common Pleas sentenced Nina Shahin for a violation of probation. Shahin filed a notice of appeal in the Delaware Supreme Court on July 21, 2026.
The Senior Court Clerk directed Shahin to show cause why the appeal should not be dismissed because the Supreme Court lacks jurisdiction to hear an appeal directly from the Court of Common Pleas. Shahin responded that the Supreme Court had jurisdiction.
The Court’s Holding
The Delaware Supreme Court held that it lacked jurisdiction under the Delaware Constitution to consider Shahin’s direct appeal from the Court of Common Pleas. The court rejected Shahin’s contrary jurisdictional argument.
The court therefore dismissed the appeal under Delaware Supreme Court Rule 29(b). It did not address the merits of the probation-violation sentence.
Key Takeaways
- The Delaware Supreme Court cannot hear a criminal appeal filed directly from the Court of Common Pleas.
- A litigant’s assertion of jurisdiction cannot overcome the limits imposed by the Delaware Constitution.
- The dismissal was jurisdictional and did not resolve the merits of Shahin’s probation-violation sentence.
Why It Matters
The order underscores that Delaware litigants must follow the proper appellate route when seeking review of a Court of Common Pleas decision. Filing directly in the Delaware Supreme Court results in dismissal for lack of jurisdiction, regardless of the proposed merits of the appeal.