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Lacombe v. State

SUPREME COURT OF THE STATE OF DELAWARE
Feb 22, 2021
No. 4, 2021 (Del. Feb. 22, 2021)

Opinion

No. 4, 2021

02-22-2021

PAUL LACOMBE, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee.


Court Below-Superior Court of the State of Delaware Cr. ID No. 1112018546 (N) ORDER

On January 4, 2021, the appellant, Paul Lacombe, filed a notice of appeal from the Superior Court's November 25, 2020 order denying his third motion for postconviction relief. Under Supreme Court Rule 6(a)(iv), a timely notice of appeal should have been filed on or before December 28, 2020. On January 6, 2021, the Senior Court Clerk issued, by certified mail, a notice directing Lacombe to show cause why his appeal should not be dismissed as untimely filed. Lacombe received the notice to show cause as evidenced by the undated return receipt that was filed with the Court on January 13, 2021. A timely response was due on or before January 25, 2021. To date, Lacombe has not responded to the notice to show cause. Therefore, dismissal of the appeal is deemed unopposed.

Because the thirtieth day fell on a legal holiday—December 25, 2020—the notice of appeal was due on or before the next business day, or December 28, 2020. Del. Supr. Ct. R. 11(a).

See Del. Supr. Ct. R. 11(a). --------

NOW, THEREFORE, IT IS HEREBY ORDERED, under Supreme Court Rules 3(b)(2) and 29(b), that the appeal is DISMISSED.

BY THE COURT:

/s/ Karen L . Valihura

Justice


Summaries of

Lacombe v. State

SUPREME COURT OF THE STATE OF DELAWARE
Feb 22, 2021
No. 4, 2021 (Del. Feb. 22, 2021)
Case details for

Lacombe v. State

Case Details

Full title:PAUL LACOMBE, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff…

Court:SUPREME COURT OF THE STATE OF DELAWARE

Date published: Feb 22, 2021

Citations

No. 4, 2021 (Del. Feb. 22, 2021)