Hembree v. State

Full title: TIMOTHY J. HEMBREE, Defendant Below, Appellant, v. STATE OF DELAWARE…

Court: Supreme Court of Delaware

Date published: Mar 20, 2006

897 A.2d 767 (Del. 2006)

Opinion

No. 83, 2006.

Submitted: March 6, 2006.

Decided: March 20, 2006.

Superior Court of the State of Delaware, in and for Sussex County, Cr. ID No. 9509002602.

Before STEELE, Chief Justice, HOLLAND and RIDGELY, Justices.

ORDER

MYRON T. STEELE, Chief Justice.

This 20^th day of March 2006, upon consideration of the appellant's untimely notice of appeal,¹ the Clerk's notice directing the appellant to show cause why the appeal should not be dismissed, and the appellant's response to the notice to show cause, it appears to the Court that this appeal should be dismissed. The appellant's failure to timely file his notice of appeal is not attributable to court-related personnel. Consequently, this case does not fall within the exception to the general rule that mandates the timely filing of a notice of appeal.²

1 The notice of appeal was filed on February 16, 2006 from an order of the Superior Court docketed on January 13, 2006. See Del. Supr. Ct. R. 6(a) (providing for thirty-day period to file notice of appeal).

2 Bey v. State, 402 A.2d 362, 363 (Del. 1979).

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