IN THE SUPREME COURT OF THE STATE OF DELAWARE
DALLAS H. DRUMMOND, JR., §
§
Defendant Below- § No. 99, 2016
Appellant, §
§
v. § Court Below—Superior Court
§ of the State of Delaware,
STATE OF DELAWARE, §
§ Cr. ID Nos. 1004010489 and
Plaintiff Below- § 1001008949A
Appellee. §
Submitted: March 29, 2016
Decided: April 4, 2016
Before HOLLAND, VALIHURA, and SEITZ, Justices.
ORDER
This 4th day of April 2016, it appears to the Court that:
(1) On March 1, 2016, the Court received the appellant’s notice of
appeal from a Superior Court sentencing order dated February 4, 2013. The
appellant’s notice of appeal is untimely by nearly three years.
(2) The Clerk issued a notice under Supreme Court Rule 29(b),
directing the appellant to show cause why the appeal should not be
dismissed as untimely filed.1 The appellant filed an untimely response to the
notice to show cause on March 29, 2016, arguing the merits of his appeal.
1
Del. Supr. Ct. R. 6(a)(ii).
(3) Time is a jurisdictional requirement.2 A notice of appeal must
be received by the Office of the Clerk of this Court within 30 days of
sentencing in a direct criminal appeal in order for the notice 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 an
appellant can demonstrate that the failure to file a timely notice of appeal is
attributable to court-related personnel, an untimely appeal cannot be
considered.5
(4) This case does not fall within the exception to the general rule
that mandates the timely filing of a notice of appeal. Thus, the appeal must
be dismissed.
NOW, THEREFORE, IT IS ORDERED that this appeal is
DISMISSED.
BY THE COURT:
/s/ Karen L. Valihura
Justice
2
Carr v. State, 554 A.2d 778, 779 (Del.), cert. denied, 493 U.S. 829 (1989).
3
Del. Supr. Ct. R. 6(a)(iii), 10(a) (2016).
4
Smith v. State, 47 A.3d 481, 486-87 (Del. 2012).
5
Bey v. State, 402 A.2d 362, 363 (Del. 1979).
-2-