by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
(a) Examination. – In addition to the examination required by 11 Del. C. ยง 3301 in capital cases, the court shall conduct or permit such examination as is reasonably calculated to ascertain prejudice of a juror. The court shall itself conduct the examination of...
by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
(a)Release prior to trial. Eligibility for release prior to trial shall be in accordance with 11 Del. C., Chapter 21. (b)Release during trial. A person released before trial shall continue on release during trial under the same terms and conditions as were previously...
by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
(a)Computation. In computing any period of time prescribed or allowed by these rules, by order of court, or by statute, the day of the act, event or default after which the designated period of time begins to run shall not be included. The last day of the period so...
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
(a) Trial by jury. – Cases required to be tried by jury shall be so tried unless the defendant waives a jury trial in writing with the approval of the court and the consent of the state.(b) Jury of less than twelve. – Juries shall be of 12 but at any time...
by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
(a)Right to assigned counsel. Every defendant who is unable to obtain counsel shall be entitled to have counsel assigned, pursuant to 11 Del. C. { 5103, to represent that defendant at every stage of the proceedings from initial appearance before the committing...
by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
(a)Presence required. The defendant shall be present at the arraignment, at the time of the plea, at every stage of the trial including the impaneling of the jury and return of the verdict, and at the imposition of sentence, except as otherwise provided by this...
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