Caroll v. State

IN THE SUPREME COURT OF THE STATE OF DELAWARE

KIYOHN M. CAROLL, §
§ No. 81, 2024
Defendant Below, §
Appellant, § Court Below—Superior Court
§ of the State of Delaware
v. §
§ Cr. ID No. 1703008054 (N)
STATE OF DELAWARE, §
§
Appellee.
Submitted: September 20, 2024
Decided: October 8, 2024

ORDER

On August 23, 2024, the Chief Deputy Clerk issued a notice by certified mail

to the mailing address provided by the appellant, directing the appellant to show

cause why this appeal should not be dismissed for his failure to file an opening brief

by the filing deadline of August 12, 2024. Postal records show that delivery was

attempted on August 26, 2024, but no authorized recipient was available. The postal

service left notice at the delivery address and later returned the notice as unclaimed

and unable to forward. On September 9, 2024, the Chief Deputy Clerk reissued the

notice to show cause by first-class mail. Because the appellant has failed to respond

to the notice to show cause within the required ten-day period, to file the opening

brief, or to report any change of address to the Court, dismissal of this action is

deemed unopposed.
NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rules 3(b)(2)

and 29(b), that this appeal be DISMISSED.

BY THE COURT:

/s/ Gary F. Traynor
Justice

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