Stoner v. State, 071118 DESC, 223, 2018
| Opinion Judge | Collins J. Seitz, Jr., Justice |
| Party Name | ARTHUR STONER, [1] Respondent Below, Appellant, v. STATE OF DELAWARE, Petitioner Below, Appellee. |
| Judge Panel | Before VAUGHN, SEITZ, and TRAYNOR, Justices. |
| Case Date | July 11, 2018 |
| Court | Supreme Court of Delaware |
Submitted: May 17, 2018
Court Below: Family Court of the State of Delaware in and for New Castle County File No. 1711009911
Before VAUGHN, SEITZ, and TRAYNOR, Justices.
ORDER
Collins J. Seitz, Jr., Justice
(1) On
April 27, 2018, the appellant's counsel
("Counsel") filed a notice of appeal from the
Family Court's adjudication of delinquency and order of
commitment on March 27, 2018. The appeal was filed one day
after the expiration of the thirty-day appeal period.[2] When a
notice of appeal is not filed within the applicable time
period, the Court is without jurisdiction to hear the
appeal.
(2) Counsel was directed to show cause why the appeal should not be dismissed as untimely filed. Counsel filed a response to the notice, conceding that the appeal was untimely filed and that the delay in filing the appeal was not attributable to court-related personnel.
(3) In
the absence of unusual circumstances that are not
attributable to the appellant or Counsel, the delay in filing
the notice of appeal cannot be excused.
NOW, THEREFORE, IT IS ORDERED that this matter is REMANDED to the Family Court for further action in accordance with this Order. Jurisdiction is not retained.
Notes:
[1] [1]The Court assigned a pseudonym to the appellant, a juvenile, under Supreme Court Rule 7(d).
[2] [2] Del. Sup. Ct. R. 6(a).
[3] [3] Carr v. State, 554 A.2d 778, 779 (Del. 1989).
[4] [4] Bey v. State, 402 A.2d 362, 363 (Del. 1979).
[5] [5] Del. Sup. Ct. R. 26(a); Middlebrook v. State, 815 A.2d 739, 742-43 (Del. 2003).
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