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Brown v. State

Supreme Court of Delaware

December 4, 2013

Michael BROWN, Defendant Below-Appellant,
v.
STATE of Delaware, Plaintiff Below-Appellee.

Submitted: Nov. 22, 2013.

Editorial Note:

This decision has been designated as "Table of Decisions Without Published Opinions." in the Atlantic Reporter.

Court Below— Superior Court of the State of Delaware, in and for New Castle County, Cr. ID 0412008486.

Before HOLLAND, BERGER, and JACOBS, Justices.

ORDER

CAROLYN BERGER, Justice.

This 4th day of December 2013, it appears to the Court that:

(1) On November 14, 2013, the Court received appellant's notice of appeal from a Superior Court order, dated July 18, 2013, which denied appellant's motion for postconviction relief. Pursuant to Supreme Court Rule 6, a timely notice of appeal should have been filed on or before August 19, 2013.

(2) The Senior Court Clerk issued a notice pursuant to 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 show cause on November 22, 2013. He asserts that he timely mailed his notice of appeal on August 6, 2013. He attaches a copy of a prison mail log reflecting his outgoing mail. Appellant contends that his untimely filing was the result of court-related personnel and therefore must be excused.

(3) We disagree. 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] The appellant's mail log and documentation in this case reflects that he sent mail to the Department of Justice on August 6, 2013. The Department of Justice is not the Office of the Clerk of this Court. The appellant's untimely filing, therefore, is attributable to his own error and is not the result of court-related personnel.

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


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