(a) The State shall have an absolute right to appeal to an appellate court a final order of a lower court where the order constitutes a dismissal of an indictment or information or any count thereof, or the granting of any motion vacating any verdict or judgment of conviction where the order of the lower court is based upon the invalidity or construction of the statute upon which the indictment or information is founded or the lack of jurisdiction of the lower court over the person or subject matter.
(b) When any order is entered before trial in any court suppressing or excluding substantial and material evidence, the court, upon certification by the Attorney General that the evidence is essential to the prosecution of the case, shall dismiss the complaint, indictment or information or any count thereof to the proof of which the evidence suppressed or excluded is essential. Upon ordering the complaint, indictment or information or any count thereof dismissed pursuant to the Attorney General’s certification, the reasons of the dismissal shall be set forth in the order entered upon the record.
(c) The State shall have an absolute right of appeal to an appellate court from an order entered pursuant to subsection (b) of this section and if the appellate court upon review of the order suppressing evidence shall reverse the dismissal, the defendant may be subjected to trial.
(d) The State shall have an absolute right to appeal to an appellate court from any order entered in a lower court which grants an accused any of the following: a new trial or judgment of acquittal after a verdict; a modification of a verdict; an arrest of judgment; relief in any postconviction proceeding or in any action collateral attacking a criminal judgment; a new punishment hearing in a capital case after the court has imposed a sentence of death; or any order or judgment declaring any act of the General Assembly, or any portion of any such act, to be unconstitutional under either the Constitution of the United States or the State of Delaware, inoperative or unenforceable; except that no appeal shall lie where otherwise prohibited by the double jeopardy clause of the Constitutions of the United States or of this State.
(e) The State shall have an absolute right to appeal to an appellate court any ruling of a lower court on a question of law or procedure adverse to the State in any case in which the accused was convicted and appeals from the judgment, except that the decision or result of the State’s appeal shall not affect the rights of the accused unless the accused, on his or her appeal, is awarded a new trial or a new sentencing hearing. Once the State perfects its cross-appeal, the appellate court shall review and rule upon the questions presented therein regardless of the disposition of the defendant’s appeal.
(f) The State shall have an absolute right to appeal any sentence on the grounds that it is unauthorized by, or contrary to, any statute or court rule, in which case the decision or result of the State’s appeal shall affect the rights of the accused.
(g) Any appeal brought by the State pursuant to subsection (e) or (f) of this section shall be personally authorized by either the Attorney General or the Chief Deputy Attorney General.
10 Del. C. 1953,
§
9902;
57 Del. Laws, c. 133;
58 Del. Laws, c. 412,
§
1;
70 Del. Laws, c. 186,
§
1;
70 Del. Laws, c. 481,
§
1;
Notes of Decisions
State v. Smallwood (1975)
del · cites it 3×
“He argues that the Trial Court order was a “modification” rather than a vacation of the conviction and therefore 10 Del.C. § 9902(a) does not apply. 2 After conviction but before sentencing, the Trial Judge raised the issue as to whether defendant was, as a matter of law, guilty…”
State v. Dobies (1972)
delsuperct · cites it 7×
“The State may properly appeal a motion to dismiss an information under 10 Del.C. § 9902. Section 9902 provides in pertinent part: § 9902.”
State v. Fischer (1971)
del · cites it 2×
“10 Del.C. § 9902; 1 11 Del.C. § 661. The offenses charged were not related, but the cases have been combined for appeal purposes because relevant proceedings below coincided.”
State v. Honie (1973)
del · cites it 2×
“The State appeals under 10 Del.C. § 9902. 2 II. We must disagree with the ruling of the Superior Court.”
State v. Fischer (1971)
del · cites it 3×
“133 now designated 10 Del.C. § 9902. 2 *325 The appellees move to dismiss the appeals on the ground that the dismissals of the indictments were not “based upon the invalidity or construction of the statute” upon which the indictments were founded; that, therefore, the State…”
State v. Rucker (1972)
delsuperct
“’’ The appeal by the State followed under the provisions of 10 Del.C. § 9902 which grants the State the right to appeal when a lower court dismisses an information based on the construction of a statute.”
State v. Wausnock (1973)
del
“* The text of 10 Del.C. §§ 9902 and 9903, applicable in this case, is set forth in State v.”
State v. Grace (1971)
del
“46, 1970, was an appeal as of right under 10 Del.C. § 9902. Since the order appealed from is not an order constituting “a dismissal of an indictment or information * * * or the granting of any motion vacating any verdict or judgment of conviction,” the State may not appeal as of…”
State v. Dennis (1973)
del
“During oral argument, we questioned the State’s right of appeal in this case because the Order entered below, while called a dismissal, was in effect a judgment of acquittal because the trial Judge had commenced the hearing of testimony.”
State v. Hoffstein (1974)
del
“HERRMANN, Chief Justice: The State appeals under 10 Del.C. § 9902 from dismissal by the Superior Court of an indictment charging the defendant with driving under the influence of a dangerous drug.”
State v. Anderson (1975)
del · cites it 2×
“1 The State appealed under 10 Del.C. § 9902(a). 2 The defendant moved to dismiss the appeal, under Rules 7 (8) (a) and (f) of this Court, 3 for failure to prepare the transcript of testimony in time.”
State v. Henry (2020)
delsuperct · cites it 4×
“Pursuant to 10 Del. C. § 9902(b) and (c), the State appealed the trial court’s suppression order.”
— 10 Del. C. § 9902(a) — 3 cases
State v. Smallwood (1975)
del
“He argues that the Trial Court order was a “modification” rather than a vacation of the conviction and therefore 10 Del.C. § 9902(a) does not apply. 2 After conviction but before sentencing, the Trial Judge raised the issue as to whether defendant was, as a matter of law, guilty…”
State v. Anderson (1975)
del
“1 The State appealed under 10 Del.C. § 9902(a). 2 The defendant moved to dismiss the appeal, under Rules 7 (8) (a) and (f) of this Court, 3 for failure to prepare the transcript of testimony in time.”
— 10 Del. C. § 9902(b) — 7 cases
State v. Henry (2020)
delsuperct
“Pursuant to 10 Del. C. § 9902(b) and (c), the State appealed the trial court’s suppression order.”
— 10 Del. C. § 9902(c) — 4 cases
State v. Henry (2020)
delsuperct
“Pursuant to 10 Del. C. § 9902(b) and (c), the State appealed the trial court’s suppression order.”
— 10 Del. C. § 9902(e) — 1 case
— 10 Del. C. § 9902(f) — 1 case
— 10 Del. C. § 9902(g) — 1 case
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