Background
Elijah Crawford, defendant in a criminal matter originating in the Delaware Superior Court (Cr. ID No. 1607008779 (N)), filed an appeal with the Delaware Supreme Court but neither paid the required filing fee nor filed a motion to proceed in forma pauperis.
On May 7, 2026, the Chief Deputy Clerk issued a show-cause notice by certified mail, directing Crawford to explain why the appeal should not be dismissed for the fee deficiency. Postal records confirmed delivery by May 14, 2026, and Crawford had until May 27, 2026 to respond. No response, payment, or in forma pauperis motion was received by the court.
The Court’s Holding
Because Crawford failed to pay the filing fee or seek in forma pauperis status within the prescribed period, and failed to respond to the show-cause notice, the court deemed dismissal unopposed. Acting under Supreme Court Rules 3(b)(2) and 29(b), Justice Abigail M. LeGrow ordered the appeal dismissed.
Key Takeaways
- An appellant who neither pays the filing fee nor moves to proceed in forma pauperis risks dismissal of the appeal under Delaware Supreme Court Rules 3(b)(2) and 29(b).
- A show-cause notice delivered by certified mail starts a firm deadline; failure to respond renders dismissal unopposed.
- The dismissal here was procedural and did not reach the merits of Crawford’s underlying criminal conviction.
Why It Matters
This order is a routine but instructive reminder that appellate courts enforce threshold procedural requirements strictly. Counsel representing criminal defendants on appeal — particularly those who may qualify for indigent status — must ensure that either the filing fee is timely paid or an in forma pauperis motion is filed at the outset, as failure to do either can forfeit the right to appellate review entirely.