Smith v. Delaware
Annotate this CasePro se prisoner Defendant-Appellant Damar Smith appealed his conviction and sentence for Rape in the Third Degree, Unlawful Imprisonment in the Second Degree, and Possession of a Deadly Weapon by a Person Prohibited. His notice of appeal was received by the Supreme Court on February 28, 2012, one day after the thirty-day deadline to appeal from his January 27, 2012 sentence. The Court directed Defendant to show cause as to why his appeal should not have been dismissed under Rule 29(b). The Court then directed the State to file a supplemental memorandum addressing whether the Court should re-examine its holding in "Carr v. Delaware" and adopt the Federal "mailbox rule" set forth in "Houston v. Lack." The State took the position that the Court should again decline to adopt the federal prison mailbox rule. Amicus curiae argued that the Court should adopt the rule, in light of changed prison mail procedures and for the policy reasons set forth in "Houston" and subsequent cases. Last year, in "Hickman v. Delaware," the Delaware Supreme Court considered the same issue and declined to adopt the federal prison mailbox rule; it reached the same conclusion in this case. Accordingly, the Court dismissed Defendant's appeal as untimely.
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