Lewis v. State
This text of 913 A.2d 570 (Lewis 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
JIMMIE LEWIS, Defendant Below-Appellant,
v.
STATE OF DELAWARE, Plaintiff Below-Appellee.
Supreme Court of Delaware.
Before BERGER, JACOBS and RIDGELY, Justices.
ORDER
JACK B. JACOBS, Justice
This 12th day of December 2006, upon consideration of the appellant's untimely notice of appeal,[1] the notice to show cause issued by the Clerk, the appellant's response thereto, and the appellee's reply, it appears that the appellant's failure to timely file his notice of appeal is not attributable to court-related personnel.[2] Accordingly, this Court does not have jurisdiction to hear this untimely appeal.
NOW, THEREFORE, IT IS ORDERED that, pursuant to Supreme Court Rules 6 and 29(b), the within appeal is DISMISSED.
NOTES
[1] The appellant filed his appeal from the Superior Court's August 29, 2006 order on October 2, 2006, 4 days late. Supr. Ct. R. 6.
[2] Bey v. State, 402 A.2d 362, 363 (Del. 1979). The appellant's October 10, 2006 and October 18, 2006 responses to the notice to show cause appear to attribute his late filing to the actions of prison administrators rather than court-related personnel.
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913 A.2d 570, 2006 WL 3604832, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-state-del-2006.