DelawareInmates' own criminal appeals from Superior Court to Supreme Court may count institution mail dates
For inmates filing their own Superior Court criminal appeals to the Supreme Court, the institution mail date would count if they prepay first-class postage and include a staff receipt.
What it does
Inmates filing their own Superior Court criminal appeals to the Supreme Court would count the institution mail date if they put the appeal in mail by the 30-day deadline with prepaid first-class postage and a staff receipt.
Institution staff would give inmates filing their own Superior Court criminal appeals to the Supreme Court a receipt naming the staff member, the mailing date and time, and the case number.
Argument forInmates filing their own Superior Court criminal appeals to the Supreme Court could meet the 30-day deadline despite slow institution mail if they follow the mailing rules.
Argument againstIf staff fail to give a receipt, inmates filing their own Superior Court criminal appeals to the Supreme Court might lose the mailing-date rule despite mailing on time.
More detail
The Supreme Court would count the day an inmate puts a criminal appeal in institution mail as the filing date. This covers inmates filing their own appeals from Superior Court criminal cases to the Supreme Court. First-class postage must be prepaid. The appeal must include a staff receipt verifying the date and time it entered institution mail. The appeal must enter institution mail on or before the last filing day, which is 30 days after the Superior Court judgment or decree.
Institution staff would have to give the inmate a copy of a receipt. This applies to inmates filing their own appeals from Superior Court criminal cases to the Supreme Court through institution mail. The receipt must name the staff member who received the appeal, give the date and time it entered institution mail, and list the case number.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- May 22Signed by Governor Matt MeyerBecame Law
- May 13Passed By Senate. Votes: 21 YESPassed Senate
- Vote recorded Passage. Result: pass.Upper
- May 7Reported Out of Committee (Judiciary) in Senate with 2 Favorable, 3 On Its MeritsMinor
- Mar 13Assigned to Judiciary Committee in SenateMinor
- Vote recorded Passage. Result: pass.Lower
- Mar 13Passed By House. Votes: 36 YES 5 ABSENTPassed House
- Mar 12Reported Out of Committee (Judiciary) in House with 2 Favorable, 8 On Its MeritsMinor
- Mar 6Introduced and Assigned to Judiciary Committee in HouseIntroduced
Criminal Justice