Lefort v. State

• Court: Supreme Court of Delaware
• Decided: January 18, 2023
• Docket: 409, 2022
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

ERIC LEFORT, § § Defendant Below, § No. 409, 2022 Appellant, § § Court Below: Superior Court v. § of the State of Delaware § STATE OF DELAWARE, § Cr. ID No. K2103013878 § Appellee. §

Submitted: January 4, 2023 Decided: January 18, 2023

ORDER

(1) On October 31, 2022, the appellant filed a document indicating that he

wanted to appeal, which the Senior Court Clerk deemed to be a notice of appeal from

a Superior Court violation of probation sentence order dated October 7, 2022. The

Senior Court Clerk sent the appellant letters directing him to complete and sign an

official Form A notice of appeal by November 15, 2022, and to pay the filing fee or

to file a motion and affidavit to proceed in forma pauperis by the same date. On

November 23, 2022, the Chief Deputy Clerk sent another letter directing the

appellant to file an official Form A notice of appeal and to either file a motion and

affidavit to proceed in forma pauperis or pay the filing fee, all by December 8, 2022,

or a notice to show cause would issue. (2) On December 20, 2022, the Chief Deputy Clerk issued a notice, by

certified mail, directing the appellant to show cause why the Court should not

dismiss the appeal for the appellant’s failure to diligently prosecute the appeal by

filing the Form A notice of appeal and either paying the Supreme Court filing fee or

filing a motion to proceed in forma pauperis. The notice to show cause directed the

appellant to respond within ten days and advised that if the appellant did not respond,

dismissal of the appeal would be deemed to be unopposed. On December 27, 2022,

the Court received the certified-mail receipt indicating that the notice had been

delivered on December 22, 2022.

(3) 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)

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

BY THE COURT:

/s/ Karen L. Valihura Justice