Warren v. State

• Court: Supreme Court of Delaware
• Decided: March 6, 2015
• Docket: 50, 2015
• Status: Published

Opinion

IN THE SUPRElVIE COURT OF THE STATE OF DELAWARE

SHAWN WARREN, § § No. 50, 2015 Defendant Below— § Appellant, § § V. § Court Below—Superior Court § of the State of Delaware, STATE OF DELAWARE, § in and for County § Cr. ID Nos. 1010007212 and Plaintiff Below- § 1010008558 Appellee. §

Submitted: February 23, 2015 Decided: March 6, 2015

Before STRINE, Chief Justice, VALIHURA, and VAUGHN, Justices. O R D E R

This 6th day of March 2015, it appears to the Court that:

(1) On February 9, 2015, the Court received appellant’s notice of appeal from a Superior Court violation of probation sentencing order entered on January 6, 2015. Pursuant to Supreme Court Rule 6, a timely notice of appeal should have been filed on or before February 5, 2015.

(2) The Chief Deputy Clerk issued a notice under Supreme Court Rule 29(b), directing appellant to Show cause why the appeal should not be

dismissed as untimely filed.1 Appellant filed a response to the notice to

‘Dei. Supr. Ct. R. 6(a)(ii).

show cause on February 23, 2015. His response does not address the untimeliness of his appeal.

(3) Time is a jurisdictional requirement.2 A notice of appeal must be received by the Office of the Clerk of this Court within the applicable

time period in order to be effective.3

An appellant’s pro se status does not excuse a failure to comply strictly with the jurisdictional requirements of Supreme Court Rule 6.4 Unless the appellant can demonstrate that the failure to file a timely notice of appeal is attributable to court-related personnel, the appeal cannot be considered.5 The appellant has not made such a showing. Accordingly, this case does not fall within the exception to the general rule that mandates the timely filing of a notice of appeal, and the appeal must be dismissed.

NOW, THEREFORE, IT IS ORDERED that the appeal is

DISMISSED.

BY THE COURT:

2Carr v. State, 554 A.2d 778, 779 (Del), cert. denied, 493 US. 829 (1989). 3Del. Supr. Ct. R. 10(a).

4Smith v. State, 47 A.3d 481, 486-87 (Del. 2012).

sBey v. State, 402 A.2d 362, 363 (Del. 1979).

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