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Kevin Ketchum v. State Delaware

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eBook details

  • Title: Kevin Ketchum v. State Delaware
  • Author : Supreme Court of Delaware
  • Release Date : January 28, 1991
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

ORDER This 28th day of January 1991, the appellant having filed an appeal from an order of the Superior Court refusing to supply him at State expense with a free copy of his sentencing transcript and his presentence report papers which he wishes to have (in addition to the full trial transcripts already supplied at State expense for the direct appeal) in connection with research he is doing for a proposed application for post-conviction relief, and the State having moved to dismiss the appeal because a) the appeal is from an interlocutory order in a criminal proceeding, and b) the appeal was not timely filed since it was not filed within 30 days after the order of Superior Court dated October 25, 1990, and Appellant having filed a tardy answer to the motion which was stricken and it being clear that the stricken answer in any event did not adequately address the main issue raised in the motion to dismiss, and It appearing that appellant's proper recourse in this situation is to file a motion in Superior Court for post-conviction relief which clearly demonstrates the actual need for the materials sought in order ""to determine whether movant may be entitled to relief"" under Superior Court Criminal Rule 61(d)(3), and It being clear from the record that the appeal is an appeal from an interlocutory order in a criminal case, NOW, THEREFORE, IT IS ORDERED that the State's motion to dismiss the appeal is GRANTED.


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