Warren v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE MARK A. WARREN, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 401, 2009 Court Below Superior Court of the State of Delaware in and for New Castle County Cr. ID No. 0407015658 Submitted: July 24, 2009 Decided: July 28, 2009 Before STEELE, Chief Justice, HOLLAND and RIDGELY, Justices. ORDER This 28th day of July 2009, it appears to the Court that: (1) On July 15, 2009, the Court received Mark A. Warren s notice of appeal from the Superior Court s denial of postconviction relief dated July 21, 2008 and docketed on July 22, 2008.1 Pursuant to Supreme Court Rule 6, Warren s notice of appeal should have been filed on or before August 21, 2008.2 (2) On July 15, 2009, the Clerk issued a notice directing that Warren show cause why the appeal should not be dismissed as untimely 1 See State v. Warren, 2008 WL 2943377 (Del. Super. Ct.) (denying postconviction relief). 2 Del. Supr. Ct. R. 6(a)(iii). filed.3 In response to the notice, Warren contends that he suffers from schizophrenia and depression, and he requests the Court s assistance with his legal issues. (3) Time is a jurisdictional requirement. 4 Under Delaware law, a notice of appeal must be received by the office of the Clerk within the applicable time period to be effective.5 Unless an appellant can demonstrate that the failure to timely file a notice of appeal is attributable to court-related personnel, an untimely appeal cannot be considered.6 (4) Warren does not contend, and the record does not reflect, that his failure to timely file the notice of appeal in this case is attributable to court-related personnel. Consequently, this Court does not fall within the exception to the general rule that mandates the timely filing of a notice of appeal.7 NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rule 29(b), that the appeal is DISMISSED. BY THE COURT: /s/ Myron T. Steele Chief Justice 3 Del. Supr. Ct. R. 29(b). Carr v. State, 554 A.2d 778, 779 (Del. 1989). 5 Del. Supr. Ct. R. 10(a). 6 Bey v. State, 402 A.2d 362,363 (Del. 1979). 7 See Smith v. State, 1999 WL 643005 (Del. Supr.); Ellison v. State, 1989 WL 88588 (Del. Supr.) (dismissing untimely appeals). 4 2
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