Christopher v. State
Annotate this Case
Download PDF
IN THE SUPREME COURT OF THE STATE OF DELAWARE PHILIP CHRISTOPHER, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 485, 2008 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID 0603012551 Submitted: October 6, 2008 Decided: December 18, 2008 Before STEELE, Chief Justice, HOLLAND and BERGER, Justices. ORDER This 18th day of December 2008, it appears to the Court that: (1) On September 22, 2008, the Court received appellant s notice of appeal from a Superior Court order dated August 20, 2008. Pursuant to Supreme Court Rule 6, a timely notice of appeal should have been filed on or before September 19, 2008. (2) The Clerk issued a notice pursuant to 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 1 Del. Supr. Ct. R. 6(a)(ii). show cause on October 6, 2008. He contends that the delay is attributable to correctional personnel who took two and a half weeks to provide appellant with the appropriate appeal forms. He also contends that his notice must have been received by the Clerk s office on the weekend and simply was not docketed until the following Monday. (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, his appeal cannot be considered.5 (4) There is nothing in the record to support appellant s assertion that his late filing in this case is attributable to court-related personnel. Consequently, this case does not fall within the exception to the general rule 2 Carr v. State, 554 A.2d 778, 779 (Del.), cert. denied, 493 U.S. 829 (1989). 3 Del. Supr. Ct. R. 10(a). 4 Carr v. State, 554 A.2d at 779. 5 Bey v. State, 402 A.2d 362, 363 (Del. 1979). -2- that mandates the timely filing of a notice of appeal. Thus, the Court concludes that the within appeal must be dismissed. NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rule 29(b), that the within appeal is DISMISSED. BY THE COURT: /s/ Randy J. Holland Justice -3-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
