Delaware Code Title 10 Sec. 9903 – Appeal in the discretion of the appellate court
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The State may apply to the 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 the appeal; but, in no event of such appeals shall the decision or result of the appeal affect the rights of the defendant and he or she shall not be obligated to defend the appeal, but the court may require the Office of Defense Services of this State to defend the appeal and to argue the cause.
10 Del. C. 1953, § ?9903; 57 Del. Laws, c. 133; 58 Del. Laws, c. 412, § ?2; 70 Del. Laws, c. 186, § ?1; 80 Del. Laws, c. 26, § ?2;
Terms Used In Delaware Code Title 10 Sec. 9903
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Appellate court: means a court of this State having direct appellate jurisdiction over a lower court. See Delaware Code Title 10 Sec. 9901
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302