(Download) "Tommy C. Eller v. State Delaware" by Supreme Court of Delaware # Book PDF Kindle ePub Free
eBook details
- Title: Tommy C. Eller v. State Delaware
- Author : Supreme Court of Delaware
- Release Date : January 14, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
The record reveals that the appellant was sentenced by the Superior court on July 6, 1987 and that an appeal was filed with this Court on August 25, 1987. The rules of this Court provide that a direct appeal of a criminal conviction must be taken within 30 days after a sentence is imposed. Supr. Ct. R. 6(2). This direct appeal is apparently untimely. On August 28, 1987, this Court directed the appellant to show cause as to why his attempt to take a direct appeals should not be dismissed as untimely. The appellant has filed a response. The appellant once again argues that since he filed a timely motion for anew trial in the Superior Court on July 15, 1987, which was not decided until August 12, 1987, the applicable time period for a direct appeal was tolled or alternatively, the fact that the appeal period was not tolled was not readily ascertainable. The appellant's argument that there is no guidance for a litigant in the circumstances presented by this case is not persuasive.