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...
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
(a) Notice by defendant; state response; disclosure of witnesses.(1) Defendant’s notice and state’s response. – A defendant intending to claim a defense of actual or believed exercise of public authority on behalf of a law enforcement or federal...
by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
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...
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
(a) Defense of insanity. – If a defendant intends to rely upon the defense of insanity at the time of the alleged offense, the defendant shall, within the time provided for the filing of pretrial motions or at such later time as the court may direct, notify the...
by admin | May 15, 2021 | Common Pleas, Criminal Procedure, Delaware
(a) Revocation of partial confinement or probation. Whenever a person is taken into or held in custody on the grounds that the person has violated a condition of partial confinement or probation, the person shall be brought without unreasonable delay before a...
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