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Smith v. State

Supreme Court of Delaware

June 25, 2014

NORMAN H. SMITH, Defendant Below, Appellant,
v.
STATE OF DELAWARE, Plaintiff Below, Appellee

Submitted June 16, 2014

Case Closed July 11, 2014.

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 Sussex County. C.A. No. S14M-02-026.

OPINION

ORDER

Henry duPont Ridgely, Justice.

This 25th day of June 2014, it appears to the Court that:

(1) On March 18, 2014, the appellant, Norman H. Smith, filed a notice of appeal from the Superior Court's order of March 4, 2014 denying his petition for a writ of habeas corpus. On May 19, 2014, the Clerk issued a notice directing Smith to show cause why the appeal should not be dismissed for his failure to file the opening brief.[1] On June 16, 2014, the notice to show cause was returned marked " unclaimed" and " unable to forward."

(2) " As a condition for a party appearing pro se, the party must designate a mailing address . . . for the receipt of all notices, papers and orders filed in the case." [2] In this case it appears that the mailing address provided by Smith is no longer valid and Smith has not provided the Clerk with a change of address. Under these circumstances, the dismissal of Smith's appeal is deemed to be unopposed.[3]

NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rules 3(b) and 29(b), that the appeal is DISMISSED.


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