DE HB397 | 2017-2018 | 149th General Assembly

Status

Spectrum: Partisan Bill (Democrat 2-0)
Status: Introduced on May 2 2018 - 25% progression
Action: 2018-05-02 - Introduced and Assigned to Judiciary Committee in House
Pending: House Judiciary Committee
Text: Latest bill text (Draft #1) [HTML]

Summary

This Act permits the Superior Court to consider petitions out of sequence where the Attorney General consents and the Court determines consideration to be in the interest of justice. To ensure this exceptional sequencing provision is employed judiciously, the Court will only consider the consent of the Attorney General authorized by Delaware Department of Justice leadership (Attorney General, Chief Deputy Attorney General, State Prosecutor, or Chief County Prosecutors) in response to requests of Office of Defense Services leadership (Chief Defender, Chief Deputy Defender, Chief Conflicts Counsel) where a petitioner is represented by the Office of Defense Services, and in all other circumstances in response to privately retained counsel. This special authorization ensures individual petitioners do not unwittingly forego or disrupt their single opportunity for sentence review and further ensures consistency in modifications to sequencing.

Tracking Information

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Title

An Act To Amend Title 11 Of The Delaware Code Relating To Criminal Procedure.

Sponsors


History

DateChamberAction
2018-05-02 Introduced and Assigned to Judiciary Committee in House

Delaware State Sources


Bill Comments

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