Johnson v. State

In this burglary case, the State’s brief remained unfiled many months after its due date under the Rule, without leave of Court.

The appeal was taken under advisement upon the basis of the appellant’s brief alone.

The attention of the Bar is directed to the following statement in Smith v. State, Del.Supr., 361 A.2d 237, 239 n. 3 (1976):

“We take this opportunity to comment on our denial of defendant’s motion for default judgment based upon the State's failure to respond to defendant’s opening brief for a period of five months, without seeking approval of an extension of time by this Court or…