Children denied Family Court would have appeals after guilty or no-contest pleas

A child would have the right to appeal the Family Court finding and transfer directly to Delaware’s Supreme Court. Family Court must have found the child unsuited to its rehabilitation process, and the child must later plead guilty or no contest in Superior Court. A plea cannot require the child to give up this appeal. The child must appeal within 30 days after sentencing.

A child would have the right to appeal Superior Court’s refusal to move the case to Family Court directly to Delaware’s Supreme Court. Superior Court must have denied the child’s request to move the case to Family Court, and the child must later plead guilty or no contest. A plea cannot require the child to give up this appeal. The child must appeal within 30 days after sentencing.

Superior Court would not keep sentencing and later steps under this rule if the Supreme Court reverses the earlier Family Court order. This rule concerns a child found guilty of a less serious offense included in the original charge. It covers sentencing and later steps in Superior Court. The Supreme Court must reverse the earlier Family Court order through the appeal allowed after a guilty or no-contest plea.

Superior Court would not keep a later case solely because of a prior denied transfer if the Supreme Court reverses that Superior Court order. This concerns a child whose earlier request to move a case from Superior Court to Family Court was denied. The Supreme Court must reverse the earlier Superior Court order through the appeal allowed after a guilty or no-contest plea. Other listed reasons for Superior Court to keep the case may still apply.