by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
(a) Pleadings and motions. – Pleadings in criminal proceedings shall be the indictment and the information, and the pleas of not guilty, guilty, nolo contendere, and guilty but mentally ill. All other pleas, and demurrers and motions to quash are abolished, and...
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
(a) Alternatives. – (1) In general. – A defendant may plead not guilty, guilty, nolo contendere, or guilty but mentally ill. If a defendant refuses to plead or if a defendant corporation fails to appear, the court shall enter a plea of not guilty.(2)...
by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
(a)Return. The verdict shall be unanimous. It shall be returned by the jury to the judge in open court. (b)Several defendants or counts. If there are two or more defendants or two or more counts, the jury at any time during its deliberations may return a verdict or...
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
(a) In open court. – Arraignment in open court shall consist of reading the indictment or information to the defendant or stating to the defendant the substance of the charge and calling on the defendant to plead thereto. The defendant shall be given a copy of...
by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
(a)Requests for instructions. At the close of the evidence or at such earlier time as the Court reasonably directs, any party may file written requests that the Court instruct the jury on the law as set forth in the requests. At the same time copies of such requests...
by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
After the closing of evidence the prosecution shall open the argument. The defense shall be permitted to reply. The prosecution shall then be permitted to reply in rebuttal.Del. Crim. R. C.P. 29.1
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