GARDLEY v. STATE, 354 (Del. 11-3-2011)

ASHLEY GARDLEY, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee.

No. 354, 2011.Supreme Court of Delaware.Submitted: October 31, 2011.
Decided: November 3, 2011.

Court Below — Superior Court of the State of Delaware in and for Kent County, Cr. ID No. 1009014530.

ORDER
CAROLYN BERGER, Justice.

This 3rd day of November 2011, it appears to the Court that:

(1) On July 18, 2011, the appellant, Ashley Gardley, filed this appeal from her Superior Court conviction of violation of probation and sentencing on June 17, 2011. When Gardley did not file the opening brief by the September 12, 2011 deadline, the Clerk issued a certified notice on September 29, 2011, directing that Gardley show cause why the appeal should not be dismissed for her failure to file the opening brief.[1]
The notice to show cause was mailed again to Gardley by first class mail on October 19, 2011.

(2) On October 31, 2011, the certified notice to show cause was returned from the post office with the envelope marked “unclaimed.” Also,

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Gardley has not responded to the notice to show cause that was sent to her by first class mail, and she has not filed the opening brief. Under these circumstances, the dismissal of Gardley’s appeal is deemed to be unopposed.[2]

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

[1] See Del. Supr. Ct. R. 29(b) (governing involuntary dismissal upon notice of the Court).

[2] See Del. Supr. Ct. R. 3(b)(2)(b) (providing that a party is deemed to have consented to the termination of the case when the party fails to respond to the Court’s notice to show cause why the appeal should not be dismissed).

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