Clark v. State

         IN THE SUPREME COURT OF THE STATE OF DELAWARE

ANTHONY CLARK,                          §
                                        §
       Defendant Below,                 § No. 260, 2023
       Appellant,                       §
                                        § Court Below: Superior Court
       v.                               § of the State of Delaware
                                        §
STATE OF DELAWARE,                      § Cr. ID No. 1709012825 (K)
                                        §
       Appellee.                        §
                                        §

                          Submitted: December 4, 2023
                          Decided:   December 12, 2023

                                  ORDER

      (1)   On July 24, 2023, the appellant, Anthony Clark, filed a notice of appeal

from a Superior Court order sentencing him for a violation of probation. The Court

issued a briefing schedule on August 30, 2023; Clark’s opening brief was due

September 29, 2023. The appellant later requested a thirty-day extension, which the

Court granted. On November 1, 2023, Court staff sent a notice of brief delinquency

to Clark because he had not filed his opening brief by the deadline. The notice was

returned to the Court because Clark had been released from prison. Court staff

obtained a new mailing address for Clark from the Department of Correction and

reissued the notice of brief delinquency; the postal service returned that notice as

undeliverable.
      (2)    On November 16, 2023, after confirming that the Department of

Correction did not have an alternative address for Clark, Court staff issued a notice,

sent by certified mail, directing Clark to show cause why this appeal should not be

dismissed for his failure to file an opening brief. On November 21, 2023, the postal

service returned the notice to show cause as undeliverable. Court staff resent the

notice by first-class mail; the notice was again returned.

      (3)    The appellant having failed to respond to the notice to show cause, to

file the opening brief, or to report any address change to the Court, dismissal of this

action is deemed unopposed.

      NOW, THEREFORE, IT IS ORDERED that the appeal is DISMISSED under

Supreme Court Rules 3(b)(2) and 29(b).



                                        BY THE COURT:


                                         /s/ Abigail M. LeGrow
                                        Justice




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