Marvel v. State

• Court: Supreme Court of Delaware
• Decided: January 14, 2025
• Docket: 462, 2024
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

LARRY MARVEL, § § No. 462, 2024 Defendant Below, § Appellant, § Court Below–Superior Court § of the State of Delaware v. § § Cr. ID No. 0510007925 (N) STATE OF DELAWARE, § § Appellee. §

Submitted: December 28, 2024 Decided: January 14, 2025

ORDER

On November 4, 2024, the appellant, Larry Marvel, filed a notice of appeal

from the Superior Court’s October 9, 2024 order denying his latest motion for

correction of illegal sentence. On December 9, 2024, the Court denied Marvel’s

motion to proceed in forma pauperis in which he averred that he had not previously

been found by any court to have abused the judicial process by filing frivolous or

malicious litigation. In fact, this Court has found that Marvel’s repetitive and

frivolous filings constitute an abuse of the judicial process and has enjoined Marvel

from filing appeals without first obtaining leave of the Court.1 In the December 9,

2024 order denying Marvel’s motion to proceed in forma pauperis, the Court ordered

Marvel to pay the required filing fee by December 27, 2024, or this appeal would be

1 Marvel v. State, 2023 WL 2359243, at *2 (Del. Mar. 3, 2023). dismissed without further notice. Marvel has failed to pay the filing fee as ordered.

Dismissal of this appeal is therefore deemed to be unopposed.

NOW, THEREFORE, IT IS ORDERED that this appeal is DISMISSED

under Supreme Court Rules 3(b)(2) and 29(b).

BY THE COURT:

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