by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
(a) When taken. – Whenever due to exceptional circumstances of the case it is in the interest of justice that the testimony of a prospective witness of a party be taken and preserved for use at trial, the court may upon motion of such party and notice to the...
by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
Clerical mistakes in judgments, orders or other parts of the record and errors in the record arising from oversight or omission may be corrected by the Court at any time and after such notice, if any, as the Court orders.Del. Crim. R. C.P. 36
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
If it appears that a defendant or the state is prejudiced by a joinder of offenses or of defendants in an indictment or information or by such joinder for trial together, the court may order an election or separate trials of counts, grant a severance of defendants or...
by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
(a)Correction of sentence. The Court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time provided herein for the reduction of sentence.(b)Reduction of sentence. The Court may reduce a sentence of...
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
The court may order two or more indictments or informations or both to be tried together if the offenses, and the defendants if there is more than one, could have been joined in a single indictment or information. The procedure shall be the same as if the prosecution...
by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
The Court on motion of a defendant shall arrest judgment if the information does not charge an offense or if the Court was without jurisdiction of the offense charged. The motion in arrest of judgment shall be made within 7 days after verdict or finding of guilty, or...
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