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 | 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...
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
(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...
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
(a) Sentence. – (1) Imposition of sentence. – Sentence shall be imposed without unnecessary delay, but the court may, when there is a factor important to the sentencing determination that is not then capable of being resolved, postpone the imposition of...
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
(a) Return. – The verdict shall be unanimous. It shall be returned by the jury to the judge in open court.(b) Several defendants or counts. – If there are two or more defendants or two or more counts, the jury at any time during its deliberations may...
by admin | May 15, 2021 | Criminal Procedure, Delaware, Superior Court
At the close of the evidence or at such earlier time during the trial as the court reasonably directs, any party may file written requests that the court instruct the jury on the law as set forth in the requests. At the same time copies of such requests shall be...
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