Drake v. State
This text of Drake v. State (Drake v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE SUPREME COURT OF THE STATE OF DELAWARE
STEVEN DRAKE, § § No. 105, 2023 Defendant Below, § Appellant, § Court Below—Superior Court § of the State of Delaware v. § § Cr. ID No. 0509011266A (N) STATE OF DELAWARE, § § Appellee. §
Submitted: April 14, 2023 Decided: April 19, 2023
ORDER
On March 27, 2023, the appellant filed a notice of appeal from the Superior
Court’s summary dismissal of his second motion for postconviction relief while his
timely motion for reargument was pending in the Superior Court. The Senior Court
Clerk issued a notice directing the appellant to show cause why this appeal should be
dismissed for this Court’s lack of jurisdiction to hear criminal interlocutory appeals.
The notice to show cause was delivered, as evidenced by the certified return receipt
filed with the Court, on April 3, 2023. The appellant has not responded to the notice
to show cause within the required ten-day period. Dismissal of this appeal is therefore
deemed to be unopposed. NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rules 3(b)(2)
and 29(b), that this appeal is DISMISSED.
BY THE COURT:
/s/ Collins J. Seitz, Jr. Chief Justice
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Drake v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/drake-v-state-del-2023.