Smith v. State

Court Below—Superior Court of the State of Delaware Cr. ID No. 1502009425 (K) ORDER

This 3 day of July 2017, it appears to the Court that, on June 12, 2017, the appellant filed a notice of appeal from a Superior Court order denying his motion for appointment of counsel. The Senior Court Clerk issued a notice directing the appellant to show cause why this appeal should not be for this Court's lack of jurisdiction under Article IV, § 11(1)(b) of the Delaware Constitution to hear an interlocutory appeal in a criminal case. The appellant failed to respond to the notice to show cause within the required ten-day period and therefore dismissal of this appeal is deemed to be unopposed.

We acknowledge the appellant's untimely response filed on July 3

NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rules 3(b)(2) and 29(b), that this appeal is DISMISSED.

BY THE COURT:

/s/_________

Justice