Dillard v. State

IN THE SUPREME COURT OF THE STATE OF DELAWARE

DANTE DILLARD, §
§ No. 225, 2025
Defendant Below, §
Appellant, § Court Below–Superior Court
§ of the State of Delaware
v. §
§ Cr. ID No. 1105015873 (N)
STATE OF DELAWARE, §
§
Appellee. §
§

Submitted: July 1, 2025
Decided: July 1, 2025

ORDER

On May 19, 2025, the appellant, Dante Dillard, filed a notice of appeal from

a Superior Court commissioner’s report recommending that Dillard’s third motion

for postconviction relief be summarily dismissed. The Senior Court Clerk issued a

notice directing Dillard to show cause why his appeal should not be dismissed for

the Court’s lack of jurisdiction to consider an appeal taken directly from a Superior

Court commissioner’s order.1 A timely response to the notice to show cause was

due on or before June 30, 2025. To date, Dillard has not responded to the notice to

show cause. Dismissal of this appeal is therefore deemed to be unopposed.

1
See Johnson v. State, 884 A.2d 475, 479 (Del. 2005) (“In the absence of [] intermediate review
by a Superior Court judge, this Court is without jurisdiction to hear an appeal from any action
taken by a [c]ommissioner.”).
NOW, THEREFORE, IT IS ORDERED that the appeal be DISMISSED

under Supreme Court Rules 3(b) and 29(b).

BY THE COURT:

/s/ Gary F. Traynor
Justice

2