Brown v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE MICHAEL A. BROWN, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 105, 2009 Court Below Superior Court of the State of Delaware in and for New Castle County Cr. ID No. 0412008486 Submitted: July 9, 2009 Decided: July 20, 2009 ORDER This 20th day of July 2009, the Court has considered the appellee s motion to dismiss this appeal for the Court s lack of jurisdiction to consider an appeal directly from a Superior Court Commissioner s report and recommendation. The appellant has not responded to the motion to dismiss. The appellant s failure to respond to the motion to dismiss is deemed to be his consent to the dismissal of this appeal. NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rules 3(b)(2) and 30(c), (d), that the appeal is DISMISSED. BY THE COURT: /s/ Henry duPont Ridgely Justice

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