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§ 1051. Appeals generally.
(a) From any order, ruling, decision or judgment of the Court
in any civil proceeding, including any delinquency proceeding,
there shall be the right of appeal as provided by law to the Supreme
Court.
(b) From any order, ruling, decision or judgment of the Court
in any criminal proceeding, there shall be the right of appeal
in the first instance as provided by law to the Superior Court
in the same county in which the case was adjudicated by the Court,
with the further right of appeal as provided by law to the Supreme
Court from an affirmance by the Superior Court of the order of
the Court which was appealed, or from the entry of a judgment
of conviction by the Superior Court upon a trial de novo on appeal
to that Court.
(c) An appeal shall be taken within 30 days from the date of the
disposition, or within such time as provided by law.
(d) No appeal shall stay the execution of any order of the Court
unless such stay shall be specifically ordered by this Court in
the first instance or by the appellate court. (10 Del. C. 1953,
§ 960; 58 Del. Laws, c. 114, § 1; 65 Del. Laws, c. 145,
§ 1; 66 Del. Laws, c. 162, § 1; 67 Del. Laws, c. 149,
§ 1; 69 Del. Laws, c. 335, § 1.)
§ 1052. Appeals from custody orders.
(a) Any order of the Court relative to the custody of any child
shall be subject to review.
(b) The child's parent, guardian, next friend or any interested
person or agency, at any time within 30 days after the date of
such order, may appeal to the Supreme Court.
(c) In the case of an indigent person, the Court may, in its discretion,
waive surety for costs upon affidavit by such person that the
person is without funds and means of prosecuting the appeal.
(d) The taxing of costs shall be within the discretion of the
Supreme Court. (10 Del. C. 1953, § 961; 58 Del. Laws, c.
114, § 1; 66 Del. Laws, c. 162, § 2; 66 Del. Laws, c.
162, § 2; 67 Del. Laws, c. 149, § 2; 68 Del. Laws, c.
53, § 2; 69 Del. Laws, c. 335, § 1; 70 Del. Laws, c.
186, § 1.)
§ 1053. Appeals by the State in Family Court cases.
(a) An appeal may be taken by the State from the Family Court
to an appellate court in the following instances:
(1) Appeal as of right. --
a. The State shall have an absolute right to appeal to an
appellate court a final order of the Family Court where the
order constitutes a dismissal of a petition or information
or any count thereof or the granting of any motion vacating
any verdict or judgment of delinquency or conviction where
the order of the Family Court is based upon the invalidity
or construction of the statute upon which the petition or
information is founded or where the order is based on lack
of jurisdiction of the Family Court over the person or subject
matter.
b. Notwithstanding any section of this chapter to the contrary,
the State shall have an absolute right to appeal to an appellate
court from any order of the Family Court which grants an accused
any of the following: a new trial or judgment of acquittal
after a verdict or an adjudication of delinquency; a modification
of a verdict or an adjudication of delinquency; an arrest
of judgment; relief in any postconviction proceeding or in
any action collaterally attacking a criminal judgment or an
adjudication of delinquency; or any order or judgment declaring
any act of the General Assembly, or any portion of such act,
to be unconstitutional under either the Constitution of the
United States or the State of Delaware, inoperative or unenforceable,
except that no appeal shall lie where otherwise prohibited
by the double jeopardy clause of the Constitution of the United
States or of this State.
c. Notwithstanding any section of this chapter to the contrary,
the State shall have an absolute right to appeal to an appellate
court any ruling of the Family Court on a question of law
or procedure adverse to the State in any case in which the
accused was convicted or adjudicated delinquent and appeals
from the judgment, except that the decision or result of the
State's appeal shall not affect the rights of the accused
unless the accused, on his or her appeal, is awarded a new
trial or a new sentencing hearing. Once the State perfects
its cross-appeal, the appellate court shall review and rule
upon the questions presented therein regardless of the disposition
of the accused's appeal.
d. Notwithstanding any section of this chapter to the contrary,
the State shall have an absolute right to appeal any sentence
on the grounds that it is unauthorized by, or contrary to,
any statute or court rule, in which case the decision or result
of the State's appeal shall affect the rights of the accused.
e. Any appeal brought by the State pursuant to subparagraph
c. or d. of this subsection shall be personally authorized
by either the Attorney General or the Chief Deputy Attorney
General.
(2) Appeal in the discretion of the appellate court. -- The
State may apply to an appellate court to permit an appeal to
determine a substantial question of law or procedure, and the
appellate court may permit the appeal in its absolute discretion.
The appellate court shall have the power to adopt rules governing
the allowance of such an appeal; but in no event shall the decision
or result of the appeal affect the rights of the appellee and
he shall not be obligated to defend the appeal, but the appellate
court may require the Public Defender of the State to defend
the appeal and to argue the cause; provided, however, that if
the order appealed from is an order suppressing or excluding
substantial and material evidence the appellate court may permit
an interlocutory appeal of any pretrial order, and if the order
suppressing such evidence is reversed, the appellee may be subjected
to a trial.
(b) The State's rights of appeal in a delinquency proceeding
provided under subsection (a) of this section shall be to
the Supreme Court. The State's rights of appeal in a criminal
proceeding provided under subsection (a) of this section shall
be to the Superior Court in the first instance, with further
rights of appeal to the Supreme Court as are provided under
subsection (a) of this section, from an affirmance by the
Superior Court of the order of the Family Court which was
appealed.
(c) The appeal or application for appeal shall be filed with
the appellate court within 30 days from entry of the order
appealed from, or, in any case in which the State elects to
prosecute a cross appeal, notice of the cross appeal shall
be filed within 30 days from the filing of a notice of appeal
by the defendant.
(d) "Order" for purposes of this section includes
any judgment, order, ruling, decision, memorandum, opinion,
or equivalent entry of the Court appealed from which constitutes
a fixed determination by such Court.
(e) The provisions of this section shall be liberally construed
so as to afford the State the broadest possible right to appeal
in a criminal case, but only to the extent permitted by the
Constitution of the United States and the State of Delaware.
(10 Del. C. 1953, § 962; 58 Del. Laws, c. 114, §
1; 66 Del. Laws, c. 162, § 3; 69 Del. Laws, c. 335, §
1; 70 Del. Laws, c. 481, §§
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