Background
Gerald Aikens appealed from the Delaware Superior Court in a criminal case. His opening brief was due July 8, 2026, but he did not file one.
On July 13, the Chief Deputy Clerk sent Aikens a notice of brief delinquency. On July 27, the clerk sent a certified notice directing him to show cause why the appeal should not be dismissed. Both notices went to the mailing address the Department of Correction had on file for Aikens. The show-cause notice was returned as undeliverable on August 6.
The Court’s Holding
The Delaware Supreme Court dismissed Aikens’s appeal under Supreme Court Rules 3(b)(2) and 29(b). The court deemed dismissal unopposed because Aikens had not responded to the show-cause notice, filed an opening brief, or updated his mailing address.
The order did not address the merits of Aikens’s criminal appeal. It resolved the case solely on his failure to prosecute the appeal through required briefing and communication with the court.
Key Takeaways
- An appellant’s failure to file a timely opening brief can result in dismissal of the appeal.
- Failure to respond to a show-cause notice may cause dismissal to be treated as unopposed.
- Appellants must keep the court informed of a current mailing address.
Why It Matters
The order underscores that appellate rights depend on compliance with briefing deadlines and court communications. Even where mail is returned as undeliverable, an appellant who does not update an address or otherwise respond risks dismissal without a merits ruling.