by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
(a) Summary disposition. A criminal contempt under 11 Del. C. § 1271(1) may be punished summarily if the judge certifies that the judge saw or heard the conduct constituting the contempt and that it was committed in the actual presence of the court. The order of...
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
(a) In general. – The procedure governing search and seizure shall be as provided by 11 Del. C., c. 23 or other applicable law.(b) Property or person which may be seized with a warrant – [Omitted].(c) Issuance and contents – [Omitted].(d) Execution...
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
(a) Motion for forfeiture. – When the state seeks to forfeit property of a person charged with a criminal offense pursuant to a statute authorizing a criminal forfeiture, such as 11 Del. C. § 1506 or 11 Del. C. § 2324, it shall file a motion for forfeiture not...
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
Omitted.De. R. Crim. P. Super. Ct. 39.1
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
(a) Time. – All appeals to Superior Court shall be taken within 15 days from the date of sentence, unless otherwise provided by statute. When an appeal is taken the clerk of the court below shall forthwith transmit the appeal bond and a certified transcript of...
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
(a) Death. – A sentence of death shall be stayed pending automatic review in accordance with Supreme Court Rule 35(a) and the sentencing judge shall comply with Supreme Court Rule 35(b).(b) Imprisonment. – A sentence of imprisonment shall be stayed if an...
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