Rule 35 - Review and stay of death penalty(a)Implementation of statutory review and stay provisions. -The provisions of 11 Del C. § 4209(f) and (g) relating to the method and imposition of a sentence of death and the automatic review thereof by this Court shall be implemented in accordance with this rule.(b)Procedure in trial court. -Within 5 calendar days after the imposition of a sentence of death under 11 Del. C. § 4209(f), the sentencing judge shall notify in writing the Clerk of this Court of the imposition of such sentence and with such writing shall transmit a certified copy of the docket entries and the sentencing order in the Superior Court case.(c)Procedure in this Court. -Upon receipt of the notice set forth in paragraph (b) of this rule, the Clerk of this Court shall forthwith: (i)Docket automatic appeal. -Docket an automatic appeal from the death sentence, pursuant to 11 Del. C. § 4209(g), and notify the sentencing judge and counsel thereof; and(ii)Notify motion justice. -Communicate the notification and the docketing to the motion justice; and(iii)Order trial record. -Direct, in the name of this Court, the filing in this Court without delay of the record of the case in the Superior Court, including both the transcript of the trial and the transcript of the punishment hearing. Upon receipt from the Clerk of the notice of the docketing of the automatic appeal of the death penalty under 11 Del. C. § 4209(g), the motion justice shall forthwith enter an order to stay of execution, effective until the completion of the judicial review of the automatic appeal and any other appeal taken in the case.
(d)Responsibility of trial counsel. -It shall be the responsibility of trial counsel for any defendant sentenced to death to see that an appeal of the underlying conviction is timely docketed so that such defendant's rights are fully protected and such counsel shall have fully complied with the Rules of this Court.(e)Stays in further proceedings. -An application, either pro se or through counsel, by a defendant sentenced to death, for a stay of execution of sentence, following the issuance of the mandate of this Court, in any proceeding, including postconviction proceedings, may be granted by the Superior Court and shall be initially made to that Court, whose decision shall be reviewable by this Court.