Summary
The Delaware Supreme Court dismissed Kadir McCoy’s appeal from the denial of his second motion for postconviction relief. The appeal was dismissed as untimely because the notice of appeal was filed one day after the applicable deadline, and McCoy did not respond to the Court’s notice to show cause.
Topics
Practice areas
Questions Presented
- Whether the appeal should be dismissed because McCoy filed his notice of appeal after the deadline prescribed by Supreme Court Rule 6.
Holdings
- The appeal was untimely because McCoy filed his notice of appeal on November 19, 2020, after the November 18, 2020 deadline, and the appeal was dismissed.
Factual background
McCoy sought postconviction relief in the Delaware Superior Court, filing a second motion for postconviction relief. The Superior Court denied that motion, and McCoy filed a notice of appeal one day after the deadline calculated under Supreme Court Rule 6. He did not respond to the Delaware Supreme Court's order to show cause why the untimely appeal should not be dismissed.
Procedural history
The Delaware Superior Court denied McCoy's second motion for postconviction relief in an order dated October 9, 2020, and docketed October 19, 2020. McCoy filed his notice of appeal on November 19, 2020, one day after the November 18 deadline under Supreme Court Rule 6. After receiving a notice to show cause, McCoy did not respond, and the Supreme Court dismissed the appeal as unopposed.