Logue v. State

• Court: Supreme Court of Delaware
• Decided: November 28, 2023
• Docket: 367, 2023
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

BRANDON LOGUE, § § Defendant Below, § No. 367, 2023 Appellant, § § Court Below: Superior Court v. § of the State of Delaware § STATE OF DELAWARE, § Cr. ID No. 2201000054 (N) § Appellee. §

Submitted: November 21, 2023 Decided: November 28, 2023

ORDER

(1) On October 2, 2023, the appellant filed a document indicating that he

wanted to appeal from a Superior Court violation of probation sentence order dated

September 7, 2023. The Senior Court Clerk sent the appellant letters directing him

to complete and sign an official Form A notice of appeal by October 18, 2023, and

to pay the filing fee or to file a motion and affidavit to proceed in forma pauperis by

the same date. On October 19, 2023, the Chief Deputy Clerk sent another letter

directing the appellant to either file a motion and affidavit to proceed in forma

pauperis or pay the filing fee by November 2, 2023, or a notice to show cause would

issue.

(2) On November 6, 2023, 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

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 November 13, 2023, the Court received the certified-

mail receipt indicating that the notice had been delivered on November 8, 2023.

(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/ Gary F. Traynor Justice