Cruz v. State

Summary

The Delaware Supreme Court dismissed Emilio Cruz's appeal from the denial of postconviction relief. The dismissal followed Cruz's failure to pay the filing fee or file an application to proceed in forma pauperis and his failure to respond to the notice to show cause.

Holdings

1. An appeal may be dismissed as unopposed when the appellant fails to pay the Supreme Court filing fee or file a motion and affidavit to proceed in forma pauperis after being directed to do so, and then fails to respond to a notice to show cause.

Questions Presented

1. Whether the appeal should be dismissed when the appellant failed to pay the Supreme Court filing fee or file a motion and affidavit to proceed in forma pauperis after notice and failed to respond to an order to show cause.

Disposition

dismissed