Desmond v. State ( 2019 )

IN THE SUPREME COURT OF THE STATE OF DELAWARE
CHRISTOPHER R. DESMOND, §
§
Defendant Below, § No. 573, 2018
Appellant, §
§ Court Below—Superior Court
v. § of the State of Delaware
§
STATE OF DELAWARE, § Cr. ID No. 91009844DI (N)
§
Plaintiff Below, §
Appellee. §
Submitted: January 9, 2019
Decided: February 8, 2019
Corrected: February 12, 2019
Before STRINE, Chief Justice; VALIHURA and VAUGHN, Justices.
ORDER
After consideration of the notice to show cause and the appellant’s response,
it appears to the Court that:
(1) On November 13, 2018, the appellant, Christopher R. Desmond, filed
a notice of appeal from the Superior Court’s denial of his motion for
reduction/modification of sentence. Based on his filing of a number of unsuccessful
motions and petitions challenging his 1992 convictions, this Court previously
directed the Clerk of the Court to refuse any filings from Desmond unless the filing
was accompanied by the required filing fee or a completed motion to proceed in
forma pauperis with a sworn affidavit containing the certifications required by 10
Del. C. § 8803(e) and that motion was granted by the Court.1 Desmond filed an
incomplete and un-notarized motion to proceed in forma pauperis with his notice of
appeal.
(2) The Senior Court Clerk directed Desmond to provide a completed and
notarized motion by November 29, 2018. Desmond failed to do so. On December
31, 2018, the Senior Court Clerk directed Desmond to show cause why this appeal
should not be dismissed for his failure to file a completed and notarized motion to
proceed in forma pauperis as directed. On January 9, 2019, Desmond filed his
response to the notice to show cause.
(3) Although it is not entirely clear, Desmond seems to argue that members
of the Court have been found to be appointed unconstitutionally. Desmond does not
address his failure to file a completed and notarized motion to proceed in forma
pauperis as directed by the Court. Nor has he paid the filing fee. Under these
circumstances, this appeal must be dismissed.
NOW, THEREFORE, IT IS ORDERED that this appeal is DISMISSED.
BY THE COURT:
/s/ Leo E. Strine, Jr.
Chief Justice
1
Desmond v. Biden, 2015 WL 631582, at *3 (Del. Feb. 11, 2015).
2