Stinson v. State — Delaware Supreme Court dismissed unopposed appeal for procedural noncompliance

Case
Stinson v. State
Court
Supreme Court of the State of Delaware
Judge
Gary F. Traynor (John Carney, 2017)
Date Decided
September 15, 2026
Docket No.
No. 230, 2026
Topics
Appellate Procedure; Dismissal; Filing Requirements
Source
Read the full opinion

Background

Nevone Stinson appealed from proceedings in the Delaware Superior Court, where the matter was assigned Criminal ID No. 2411012071 (N).

On August 10, 2026, the Delaware Supreme Court Clerk’s office sent Stinson 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. Although the notice was delivered by August 17, Stinson did not respond.

The Court’s Holding

The Delaware Supreme Court dismissed the appeal under Supreme Court Rules 3(b)(2) and 29(b). Because Stinson did not respond to the notice to show cause, the court deemed dismissal unopposed.

The order did not address the merits of Stinson’s underlying criminal case. Its disposition rested solely on his failure to satisfy the appellate filing requirements and respond to the Clerk’s notice.

Key Takeaways

  • An appellant must timely pay the required filing fee or properly seek leave to proceed in forma pauperis.
  • Failure to submit required appellate forms can support dismissal of an appeal.
  • When an appellant does not respond to a notice to show cause, the Delaware Supreme Court may deem dismissal unopposed.

Why It Matters

The order underscores that failure to comply with basic appellate filing requirements can end an appeal before any merits review occurs. Counsel and self-represented litigants should promptly address fee requirements, required forms, and notices from the Clerk’s office.

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