by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
Whenever a party elects to transfer a case to the Court of Common Pleas, all of the papers in the proceeding and any bail taken, shall forthwith be transmitted within ten business days to the clerk of the county where the case originated by delivery in person, U.S....
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
(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...
by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
(A) Each Commissioner shall have all powers and duties conferred or imposed upon Commissioners by law, by the Rules of Criminal Procedure for the Court of Common Pleas and by Administrative Directive of the Chief Judge, including, but not limited to:(1) the power to...
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
The court on motion of a defendant shall arrest judgment if the indictment or 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...
by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
Admission pro hac vice shall be governed by Civil Rule 90.1. Del. Crim. R. C.P. 62Amended Oct. 1, 1995.
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
The court on motion of a defendant may grant a new trial to that defendant if required in the interest of justice. If trial was by the court without a jury the court on motion of a defendant for a new trial may vacate the judgment if entered, take additional testimony...
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