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Order
96,2020.
Supreme Court of Delaware.
Mar 23, 2020.
Seitz C.J..
Published

IN THE SUPREME COURT OF THE STATE OF DELAWARE

WARREN SMALL, § § No. 96, 2020 Defendant Below, § Appellant, § § v. § Court Below–Superior Court § of the State of Delaware STATE OF DELAWARE, § § Cr. ID No. 1209020733 (N) Plaintiff Below, § Appellee. §

Submitted: March 18, 2020 Decided: March 23, 2020

Before SEITZ, Chief Justice; VALIHURA, and MONTGOMERY-REEVES, Justices.

ORDER

Upon consideration of the notice to show cause and the appellant’s response, it appears to the Court that:

(1) On March 6, 2020, the Court received Warren Small’s notice of appeal from a February 4, 2020 Superior Court violation of probation sentencing order. To be timely filed, the notice of appeal had to be received by the Clerk or a Deputy

Clerk in any county on or before March 5, 2020.1 (4) The record does not reflect that Small’s failure to file a timely notice of appeal is attributable to court-related personnel. Consequently, this case does not fall within the exception to the general rule that mandates the timely filing of a notice of appeal. Thus, the Court concludes that this appeal must be dismissed.

[*2]

NOW, THEREFORE, IT IS HEREBY ORDERED, under Supreme Court

Rule 29(b), that the appeal is DISMISSED.

BY THE COURT:

/s/ Collins J. Seitz, Jr. Chief Justice

[*3]
1 Del. Supr. Ct. R. 6(a); Del. Supr. Ct. R. 10(a); Del. Supr. Ct. R. 11(a). (2) On March 6, 2020, the Chief Deputy Clerk issued a notice directing Small to show cause why his appeal should not be dismissed as untimely. Small filed a response to the notice to show cause, stating that he had placed his notice of appeal in the prison mail on February 25, 2020. Small attached a copy of his inmate statement, which shows that his account was charged for postage on February 27, 2020. (3) Time is a jurisdictional requirement.2 A notice of appeal must be received by the Court within the applicable time period 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 an appellant can demonstrate that the failure to file a timely notice of appeal is attributable to court- related personnel, the appeal cannot be considered.5 It is undisputed that Small’s notice of appeal was received by the Court after the thirty-day deadline. Delaware has declined to adopt the prison mailbox rule, wherein a pro se prisoner’s notice of appeal is deemed “filed” at the moment it is delivered to prison authorities for forwarding to the Court.6
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 Smith v. State, 47 A.3d 481, 485-87 (Del. 2012). 5 Bey v. State, 402 A.2d 362, 363 (Del. 1979). 6 Smith v. State, 47 A.3d 481, 483-87 (Del. 2012).