§ 5101. Writs or precepts to take persons indicted.
§ 5101. Writs or precepts to take persons indicted. The Superior Court may issue writs or precepts, under the seal of the Court, to any sheriff, or other officer, of any county in the State, to take any person indicted. Code 1852, § 1931; Code 1915, § 3800; Code 1935, § 4312; 11 Del. C. […]
§ 5102. Subpoenas and warrants generally; enforcement.
§ 5102. Subpoenas and warrants generally; enforcement. The Superior Court, in the exercise of its criminal jurisdiction, may issue subpoenas and other warrants into any county in the State, for summoning or bringing any person to give evidence in any matter triable before it and may enforce obedience by fine or imprisonment. Such subpoenas and […]
§ 5103. Assignment of counsel.
§ 5103. Assignment of counsel. (a) The Superior Court shall assign counsel to any person on trial for murder, manslaughter or any offense punishable by death, or the offense of being an accomplice or accessory to any such crime, if such person is unable to obtain counsel. (b) The Court may assign counsel to any […]
§ 5104. Composition of Court in cases tried without jury; concurrence of all Judges sitting.
§ 5104. Composition of Court in cases tried without jury; concurrence of all Judges sitting. In a criminal case tried without a jury, the Superior Court shall consist of either 1, 2 or 3 Judges, as the Court shall determine; but if more than 1 Judge shall try such case, the concurrence of all the […]
§ 5105. Legal counsel for public officers and employees.
§ 5105. Legal counsel for public officers and employees. Any public officer or employee, in any criminal action against such officer or employee arising from the officer’s or employee’s state employment, shall be entitled to petition the Court for a Court-appointed attorney to represent the officer’s or employee’s interests in the matter. If the Judge, […]
§ 5106. Plea negotiations by the State.
§ 5106. Plea negotiations by the State. (a) In every criminal case in the Superior Court involving a felony wherein the Department of Justice agrees to accept a plea of guilty to less than the original most serious charge indicted by the county grand jury or originally filed by information, the prosecuting attorney shall state […]
§ 5121. Adoption; scope.
§ 5121. Adoption; scope. (a) The Superior Court may, from time to time, adopt and promulgate general rules which prescribe and regulate the form and manner of process, pleading, practice and procedure governing criminal proceedings in the Superior Court from their inception to their termination, including such proceedings before inferior courts and justices of the […]
§ 5122. Conflict between rules and statutes.
§ 5122. Conflict between rules and statutes. Any inconsistency or conflict between any rule of court promulgated under the authority of § 5121 of this title, or prior law, and any of the provisions of this Code or other statute of this State, dealing with practice and procedure in criminal actions in the Superior Court, […]
§ 5131. Legislative intent.
§ 5131. Legislative intent. The General Assembly finds that it is necessary to provide child victims and witnesses with additional consideration and different treatment than that usually required for adults. It is therefore the intent of the General Assembly to provide each child who is involved in a criminal proceeding within the Superior Court with […]
§ 5132. Definitions.
§ 5132. Definitions. The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) “Child” shall mean a person who has not yet reached their eighteenth birthday. (2) “Victim” or “witness” shall not include any […]