Supreme Court of Delaware

State of Delaware, Plaintiff Below-Appellant v. Isaiah W. McCoy, Defendant Below-Appellee

June 28, 20162016 Del. LEXIS 382

Summary

The Supreme Court held that the appeal was reviewable under the collateral order doctrine and that the Department of Correction had not waived its challenge to the Superior Court's authority. It held that neither the Sixth Amendment nor the statutes relied on by the Superior Court authorized that court to order McCoy transferred between prison housing units in a criminal proceeding. The Court therefore vacated the transfer order and remanded for further proceedings.