Rule XXII - Death Penalty Cases(1)Docketing. An automatic appeal is docketed by the Clerk's office after a death sentence is imposed. If the defendant files a separate notice of appeal, the cases are consolidated.(2) Stay of execution. (a) Automatic. In all automatic appeals, the motion Justice enters a stay of execution sua sponte, which remains in effect for the duration of this Court's consideration. (b) Other requests. Any other request to stay a death sentence is considered en banc. (3) Procedures. The following standards govern proceedings in the Supreme Court unless otherwise directed by the Court: (a) Compliance with briefing schedules in the Supreme Court will be strictly enforced and only in extraordinary circumstances will this Court grant extensions totaling more than sixty days. (b) Oral arguments shall be scheduled within forty-five days after the prosecution's answering brief and appendix have been served and filed.(c) This Court will issue its decision within ninety days after the case has been submitted for decision. The Court will determine motions for reargument within thirty days after their filing. (4)Hearings en banc. All substantive matters relating to a capital case are considered en banc. (5)Notices to other courts. The Clerk's office receives from and distributes filings to the Superior Court, District Court, Third Circuit Court of Appeals, and the United States Supreme Court when an execution is imminent.Del. Sup. Ct. Int. Opp. P. XXII
Adopted effective 6/18/2015