Hicks v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE KEITH A. HICKS, § § § § § § § § § § § Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. Submitted: Decided: No. 480, 2002 Court Below: Superior Court of the State of Delaware, in and for Kent County C.A. No. 02M-02-015 August 28, 2002 September 18, 2002 Before WALSH, HOLLAND, and BERGER, Justices. ORDER This 18th day of September 2002, upon consideration of the appellant s untimely notice of appeal, the notice to show cause issued by the Clerk, and the appellant s response thereto, it appears that the appellant s failure to timely file his appeal is not attributable to court-related personnel. Bey v. State, 402 A.2d 362, 363 (Del. 1979). Accordingly, this Court has no jurisdiction to hear this untimely appeal. NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rules 6 and 29(b), that the within appeal is DISMISSED. BY THE COURT: s/Joseph T. Walsh Justice

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