Tipton v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE WILLIAM C. TIPTON, § § § § § § § § § § § Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. No. 404, 2003 Court Below: Superior Court of the State of Delaware, in and for New Castle County Cr. ID No. 0209006284 Cr. A. Nos. IN02-09-1729, -1734; IN03-03-1542 Submitted: September 2, 2003 Decided: September 26, 2003 Before VEASEY, Chief Justice, HOLLAND and STEELE, Justices. ORDER This 26th day of September 2003, 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. 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/ Randy J. Holland Justice Bey v. State, 402 A.2d 362, 363 (Del. 1979).

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