by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
(a) Disclosure of evidence by the state. (1) Information subject to disclosure. – (A) Statement of defendant. – Upon request of a defendant the state shall disclose to the defendant and make available for inspection, copying, or photographing: any relevant...
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 | 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 | 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 | 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 | 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...
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