Crump v. State

• Court: Supreme Court of Delaware
• Decided: February 17, 2023
• Docket: 270, 2022
• Status: Published

Opinion

EFiled: Feb 17 2023 12:06PM EST Filing ID 69174215 Case Number 270,2022 IN THE SUPREME COURT OF THE STATE OF DELAWARE

JAQUAN CRUMP, § § Defendant Below, § No. 270, 2022 Appellant, § § Court Below: Superior Court v. § of the State of Delaware § STATE OF DELAWARE, § Cr. ID No. 1707005117 § Appellee. §

Submitted: February 14, 2023 Decided: February 17, 2023

ORDER

On August 3, 2022, the appellant filed a notice of appeal from a Superior

Court order denying his motion for postconviction relief. The Court issued a briefing

schedule on August 31, 2022; the appellant’s opening brief was due by October 18,

2022. The Court later granted appellant’s motion for an extension of time to file his

brief, ordering that the opening brief was due by January 17, 2023. On January 24,

2023, Court staff sent a brief delinquency letter to the appellant. On February 2,

2023, the Senior Court Clerk issued a notice, sent by certified mail, directing the

appellant to show cause why this appeal should not be dismissed for his failure to

file an opening brief. On February 8, 2023, the Court received the certified mail

receipt indicating that the notice to show cause had been delivered on February 3,

2023. A timely response to the notice to show cause was due on or before February 13, 2023. The appellant having failed to respond to the notice to show cause within

the required ten-day period, dismissal of this action is deemed to be unopposed.

NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rules 3(b)(2)

and 29(b), that the appeal is DISMISSED.

BY THE COURT:

/s/ Collins J. Seitz, Jr. Chief Justice