Background
Jamarr Cannon appealed a criminal conviction out of the Superior Court of the State of Delaware (Cr. ID No. 1706001541 (K)). After he missed the April 15, 2026 deadline to file his opening brief, the Chief Deputy Clerk issued a notice of brief delinquency on April 20, 2026.
On April 30, 2026, the Chief Deputy Clerk sent Cannon a certified-mail notice to show cause why his appeal should not be dismissed for failure to file an opening brief. Cannon received the notice on May 4, 2026, and a response was due no later than May 14, 2026. Cannon neither responded to the show-cause notice nor filed an opening brief by the time the court acted.
The Court’s Holding
Because Cannon failed to respond to the show-cause notice and failed to file an opening brief, the Delaware Supreme Court treated dismissal as unopposed. Invoking Supreme Court Rules 3(b)(2) and 29(b), the court ordered the appeal dismissed.
The dismissal was entered by order on June 1, 2026, signed by Justice Abigail M. LeGrow on behalf of the court. The ruling contains no analysis of the underlying criminal matter.
Key Takeaways
- An appellant’s failure to file an opening brief after a missed deadline and a show-cause notice will result in dismissal of the appeal under Delaware Supreme Court Rules 3(b)(2) and 29(b).
- A failure to respond to a show-cause notice is treated as non-opposition to dismissal.
- The court does not reach the merits when procedural default is complete and unopposed.
Why It Matters
This order is a routine but instructive reminder that Delaware’s appellate rules impose firm deadlines, and that certified-mail show-cause procedures give appellants formal notice before dismissal. Criminal defendants pursuing pro se or counseled appeals must comply with briefing schedules or risk losing their appellate rights entirely.
Practitioners should note that Rules 3(b)(2) and 29(b) operate together to give the court clear authority to dismiss when an appellant goes silent after a delinquency notice — leaving no avenue for merits review in this court.