Background
Jerry Henry appealed from proceedings in the Delaware Superior Court involving Criminal ID Nos. 1201002933 and 1204003166 (S).
On September 23, 2026, the Delaware Supreme Court Clerk’s office sent Henry a certified-mail notice directing him to show cause why the appeal should not be dismissed. The notice cited his failure to pay the filing fee or submit a motion and affidavit to proceed in forma pauperis, as well as his failure to file Official Form A as directed in earlier correspondence. The notice was delivered on September 25, but Henry did not respond.
The Court’s Holding
The Delaware Supreme Court dismissed Henry’s appeal under Supreme Court Rules 3(b)(2) and 29(b).
Because Henry did not respond to the show-cause notice, the court deemed dismissal unopposed. The order did not address the merits of Henry’s underlying criminal matters.
Key Takeaways
- An appellant must timely satisfy the court’s filing-fee requirements or properly seek leave to proceed in forma pauperis.
- An appellant’s failure to submit required appellate forms can support dismissal of the appeal.
- Failure to respond to a delivered show-cause notice may cause dismissal to be treated as unopposed.
Why It Matters
The order underscores that compliance with basic appellate filing requirements is necessary to keep an appeal pending. Even without consideration of the underlying claims, failure to cure procedural deficiencies or respond to a show-cause notice can result in dismissal.