§ 147 — Time for appeal from Superior Court in criminal actions

Delaware § 147

• Jurisdiction: Delaware
• Title: 10
• Part: Organization, Powers, Jurisdiction and Operation of Courts
• Ch. 1: SUPREME COURT
• Subch.: General Jurisdiction and Powers; Time for Taking Appeals

Text

(a) Except as provided in paragraph (b) of this section, no appeal from the Superior Court in a criminal action shall be received or entertained in the Supreme Court unless the praecipe or notice of appeal is duly filed in the office of the Clerk thereof within 30 days after the date of the judgment or decree.

(b) When an appeal is filed by a pro se inmate confined in an institution:

(1) The appeal is timely filed if:

a. The inmate’s praecipe or notice of appeal is placed in the institution’s internal mail system on or before the last day for filing.

b. The first-class postage is prepaid.

c. The praecipe or notice of appeal is accompanied by a receipt from the institution’s staff verifying the date and time the praecipe or notice of appeal was placed in the institution’s internal mail system.

(2) The institution’s staff must give the inmate a copy of a receipt containing the following:

a. The name of the staff member who received the inmate’s praecipe or notice of appeal.

b. The date and time the praecipe or notice of appeal was placed in the institution’s internal mail system.

c. The case number.

Legislative History

10 Del. C. 1953, § 147; 51 Del. Laws, c. 346, § 2 ; 58 Del. Laws, c. 22, § 1 ; 85 Del. Laws, c. 23, § 1