Background
Gregory Jones appealed from a criminal matter in the Delaware Superior Court. His opening brief was due June 25, 2026, but he did not file it.
On June 30, the Chief Deputy Clerk sent Jones a notice of brief delinquency. On July 17, the clerk sent him a certified-mail notice directing him to show cause why the appeal should not be dismissed for failure to file an opening brief. Jones received that notice on July 24, and his response was due by August 3.
Jones neither responded to the show-cause notice nor filed an opening brief. The Delaware Supreme Court therefore deemed dismissal unopposed.
The Court’s Holding
The Delaware Supreme Court dismissed Jones’s appeal under Supreme Court Rules 3(b)(2) and 29(b).
The order rested on Jones’s failure to file his opening brief and his failure to respond to the notice to show cause. The court did not address the merits of his underlying criminal case.
Key Takeaways
- An appellant’s failure to file an opening brief can result in dismissal of the appeal.
- Jones received notice and an opportunity to explain the default but did not respond by the deadline.
- Because Jones did not respond, the court treated dismissal as unopposed and did not reach the merits.
Why It Matters
The order underscores that compliance with appellate briefing deadlines is essential. An appellant who ignores both a delinquency notice and a show-cause order risks losing appellate review without any decision on the substantive claims.