(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 the record to the prothonotary.(b) De novo. – The prothonotary shall not enter an appeal de novo until the appeal bond and a certified transcript of the record is filed with the prothonotary. On the entry of an appeal the prothonotary shall forthwith give notice in writing thereof to the attorney general. On receipt of such notice the attorney general shall promptly file an information with the prothonotary, whereupon the proceeding will continue in accordance with these rules.(c) On the record. – An appeal on the record shall proceed in accordance with Superior Court Civil Rules 72 and 72.1 so far as they are applicable to criminal cases and are not inconsistent with a statute or these rules and/or with Supreme Court Rule 26 when appropriate.(d) Stay. An appeal to, or writ of certiorari issuing from, Superior Court shall operate as a stay of the judgment and proceedings in the court below on giving the required bond and surety. The decision of the judge of the court below as to bond and surety may be reviewed by a judge of this court.(e) Assigned counsel. – Counsel assigned in other courts to represent an indigent defendant in criminal proceedings or a child in delinquency proceedings shall also represent them on appeal to this court. This court may appoint additional or substitute counsel for an appellant. Fees and disbursements for the representation of an indigent defendant before this court shall be governed by Rule 44.(f) By the state. – The state shall file a notice of appeal under 10 Del. C. § 9902 or an application for appeal under 10 Del. C. § 9903 within 30 days of the entry of the order appealed from. An application for appeal shall contain a statement of the nature of the proceeding below and of the substantial question of law or procedure to be decided. An appeal by the state shall be on the record.(g) Collateral proceeding. – A person who claims that a final conviction in another court is subject to collateral attack must first apply for relief in the other court. An appeal may be taken to this court within 15 days after the court below has entered a final order on the application. An appeal in a collateral proceeding shall be on the record.(h) Dismissal. – An appeal may be dismissed for lack of jurisdiction or for failure to comply with a statutory requirement or rule or order of this court.
