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Warren v. State

Supreme Court of Delaware

March 6, 2015

SHAWN WARREN, Defendant Below-Appellant,
v.
STATE OF DELAWARE, Plaintiff Below-Appellee.

Submitted: February 23, 2015

Court Below-Superior Court of the State of Delaware, in and for County Cr. ID Nos. 1010007212 and 1010008558.

Before STRINE, Chief Justice, VALIHURA, and VAUGHN, Justices.

ORDER

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 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.


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