Walker v. State
Annotate this Case
Download PDF
IN THE SUPREME COURT OF THE STATE OF DELAWARE BRIAN WALKER, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 487, 2018 Court Below—Superior Court of the State of Delaware Cr. ID No. 0802005060 (S) Submitted: December 20, 2018 Decided: January 9, 2019 Before STRINE, Chief Justice; VALIHURA and TRAYNOR, Justices. ORDER After consideration of the notice to show cause and the appellant’s response to the notice to show cause, it appears to the Court that: (1) On September 20, 2018, the appellant, Brian Walker, filed a notice of appeal from a September 14, 2018 Superior Court order sentencing him for a violation of probation. The Senior Court Clerk advised Walker to pay the Supreme Court filing fee or file a motion to proceed in forma pauperis by October 5, 2018. Walker was warned that a notice to show cause would issue if the filing fee was not paid or a motion to proceed in forma pauperis was not filed by October 5, 2018. (2) Walker did not pay the filing fee or file a motion to proceed in forma pauperis. On October 23, 2018, the Chief Deputy Clerk issued a notice directing Walker to show cause why the appeal should not be dismissed for his failure to pay the filing fee or file a motion to proceed in forma pauperis. (3) In his response to the notice to show cause, Walker stated that he had not been able to go to the library or obtain notarization of his paperwork, but would be able to do so if he was granted an extension. On December 4, 2018, the Senior Court Clerk informed Walker that the notice to show cause would be held in abeyance pending his filing of a motion to proceed in forma pauperis by December 19, 2018. Walker was warned that his appeal would be dismissed if he failed to file a motion to proceed in forma pauperis by December 19, 2018. Walker has failed to pay the filing fee or file a motion to proceed in forma pauperis. In light of Walker’s failure to pay the filing fee or file a motion to proceed in forma pauperis, this appeal must be dismissed. NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rule 29(b), that this appeal is DISMISSED. BY THE COURT: /s/ Karen L. Valihura Justice 2
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.
