(a) Except as provided in paragraph (b) of this section, no appeal from the Superior Court in a criminal action shall be received or entertained in the Supreme Court unless the praecipe or notice of appeal is duly filed in the office of the Clerk thereof within 30 days after the date of the judgment or decree.
(b) When an appeal is filed by a pro se inmate confined in an institution:
(1) The appeal is timely filed if:
a. The inmate’s praecipe or notice of appeal is placed in the institution’s internal mail system on or before the last day for filing.
b. The first-class postage is prepaid.
c. The praecipe or notice of appeal is accompanied by a receipt from the institution’s staff verifying the date and time the praecipe or notice of appeal was placed in the institution’s internal mail system.
(2) The institution’s staff must give the inmate a copy of a receipt containing the following:
a. The name of the staff member who received the inmate’s praecipe or notice of appeal.
b. The date and time the praecipe or notice of appeal was placed in the institution’s internal mail system.
c. The case number.
10 Del. C. 1953,
§
147;
51 Del. Laws, c. 346,
§
2;
58 Del. Laws, c. 22,
§
1;
85 Del. Laws, c. 23,
§
1;
Notes of Decisions
Cited in
17
cases (
8 in the last 5 years), 1967–2026 · leading case:
Weaver v. State
Weaver v. State (2001)
del
“See 10 Del. C. § 147 (30-day time limit to appeal criminal conviction to Delaware Supreme Court); Supr.”
Gural v. State (1968)
del
“The State moves to dismiss the appeal on the ground that the 60 day appeal period (10 Del.C. § 147) began running on November 10, 1967, the date of the Trial Judge’s letter, ánd thus expired before the appeal was taken.”
Coleman v. Durden (1975)
del
“10 Del.C. § 147. After defendant died and within the appeal period, counsel who had represented the decedent filed a notice of appeal in this Court.”
Johnson v. State (1967)
del
“10 Del.C. § 147 bars appeals to this Court in criminal actions unless the praecipe or notice of appeal is filed within sixty days after imposition of sentence.”
Price v. State (2025)
del · cites it 3×
“In light of recent amendments to 10 Del. C. § 147 and Supreme Court Rule 6, which establish circumstances in which appeals filed by self-represented inmates will be deemed timely filed even if not received in the Clerk’s office by the last day of the thirty-day appeal period,1…”
Jones v. State (2020)
del · cites it 2×
“6; see also 10 Del. C. § 147. 24 Supr. Ct. R. 26(a). 25 A3, 17, 32-34.”
Boyles v. State (2025)
del · cites it 2×
“3 1 See 10 Del. C. § 147(b)(1) (effective May 22, 2025) (providing that an appeal filed by a pro se inmate who is confined in a correctional institution is timely filed if (1) the notice of appeal is placed in the institution’s internal mail system on or before the last day for…”
Dupree v. State (2014)
del · cites it 2×
“Under 10 Del. C. § 147 and Supreme Court Rule 6(a)(iii), the notice of appeal should have been filed on or before May 27, 2014.”
Dorman v. State (2017)
del
“(4) The Court’s power to exercise its appellate jurisdiction rests upon the perfecting of an appeal within the time fixed by law.”
State v. Waters (2019)
delsuperct
“See also, 10 Del. C. § 147; 10 Del. C. § 9904. 17 The State concedes that the constitutional ruling and requirement of probable cause for government acquisition of CSLI set forth in Carpenter applies to Defendant’s case.”
Seramone v. State (2023)
del
“6 Under the prison mailbox rule, an appeal (or certain types of appeals) filed by a prisoner proceeding pro se would be considered as filed upon delivery to prison authorities for mailing, rather than when received by the office of the Clerk of this Court as provided in 10 Del.…”
— 10 Del. C. § 147(b)(1) — 4 cases
Price v. State (2025)
del
“In light of recent amendments to 10 Del. C. § 147 and Supreme Court Rule 6, which establish circumstances in which appeals filed by self-represented inmates will be deemed timely filed even if not received in the Clerk’s office by the last day of the thirty-day appeal period,1…”
Boyles v. State (2025)
del
“3 1 See 10 Del. C. § 147(b)(1) (effective May 22, 2025) (providing that an appeal filed by a pro se inmate who is confined in a correctional institution is timely filed if (1) the notice of appeal is placed in the institution’s internal mail system on or before the last day for…”
— 10 Del. C. § 147(b)(2) — 2 cases
Price v. State (2025)
del
“In light of recent amendments to 10 Del. C. § 147 and Supreme Court Rule 6, which establish circumstances in which appeals filed by self-represented inmates will be deemed timely filed even if not received in the Clerk’s office by the last day of the thirty-day appeal period,1…”
Boyles v. State (2025)
del
“3 1 See 10 Del. C. § 147(b)(1) (effective May 22, 2025) (providing that an appeal filed by a pro se inmate who is confined in a correctional institution is timely filed if (1) the notice of appeal is placed in the institution’s internal mail system on or before the last day for…”
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