Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Walker v. State

Supreme Court of Delaware

August 23, 2013

JOSEPH WALKER, Defendant Below, Appellant,
v.
STATE OF DELAWARE, Plaintiff Below, Appellee.

Submitted: August 14, 2013

Court Below─Superior Court of the State of Delaware, in and for Kent County Cr. ID No. 9810002187

Before BERGER, JACOBS and RIDGELY, Justices.

ORDER

JACK B. JACOBS JUSTICE

This 23rd day of August 2013, it appears to the Court that:

(1) On July 26, 2013, the Court received the appellant's notice of appeal from the Superior Court order, dated and docketed on May 24, 2013, which denied his second motion for postconviction relief. Pursuant to Supreme Court Rule 6, a timely notice of appeal from the Superior Court's order should have been filed on or before June 24, 2013.

(2) On July 29, 2013, the Clerk issued a notice pursuant to Rule 29(b) directing the appellant to show cause why the appeal should not be dismissed as untimely filed. The appellant filed his response to the notice to show cause on August 14, 2013. The appellant states that he has no legal training and that his untimely notice of appeal should be considered by this Court, because he requested an extension of time in which to file his opening brief on June 21, 2013, within the applicable time period.[1]

(3) Pursuant to Rule 6(a)(iii), a notice of appeal in any proceeding for postconviction relief must be filed within 30 days after entry upon the docket of the judgment or order being appealed. Time is a jurisdictional requirement.[2] A notice of appeal must be received by the Office of the Clerk of the 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 Rule 6.[4] Unless the appellant can demonstrate that his failure to file a timely notice of appeal is attributable to court-related personnel, his appeal may not be considered.[5]

(4) There is nothing in the record before us reflecting that the appellant's failure to file a timely notice of appeal is attributable to court-related personnel. Consequently, this case does not fall within the exception to the general rule mandating the timely filing of a notice of appeal. Thus, this appeal must be dismissed.

NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rule 29(b), that this appeal is DISMISSED.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.