Del. C. » Title 10 — Justices of the Peace · CHAPTER 99. Appeals by the State in Criminal Cases · Courts and Judicial Procedure
Delaware Code

10 Del. C. § 9903 (2026)

Appeal in the discretion of the appellate court

✓ current as of May 2026
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The State may apply to the appellate court to permit an appeal to determine a substantial question of law or procedure, and the appellate court may permit the appeal in its absolute discretion. The appellate court shall have the power to adopt rules governing the allowance of the appeal; but, in no event of such appeals shall the decision or result of the appeal affect the rights of the defendant and the defendant shall not be obligated to defend the appeal, but the court may require the Office of Defense Services of this State to defend the appeal and to argue the cause.

10 Del. C. 1953, §  9903;  57 Del. Laws, c. 133;  58 Del. Laws, c. 412, §  2;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 26, §  2;  84 Del. Laws, c. 42, § 1; 
Notes of Decisions
Cited in 12 cases, 1971–2015 · leading case: State v. Roberts, 282 A.2d 603 (Del. 1971).
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State v. Roberts, 282 A.2d 603 (Del. 1971). · cites it 4× “*604 HERRMANN, Justice (for the Majority of the Court): We are called upon to decide the constitutionality of the portion of 10 Del.C. § 9903 [1] that permits an interlocutory appeal by the State, upon leave granted, from a pre-trial order "suppressing or excluding substantial…”
State v. Cagle, 332 A.2d 140 (Del. 1974). · cites it 3× “HERRMANN, Chief Justice: The State appeals under 10 Del.C. § 9903 1 from the Superior Court’s reversal *142 of a conviction in the Court of Common Pleas for New Castle County.”
State v. Flowers, 330 A.2d 146 (Del. 1974). · cites it 2× “The State sought and obtained an order under 10 Del.C. § 9903 which permits discretionary appeals in criminal cases.”
State v. Gwinn, 301 A.2d 291 (Del. 1973). “HERRMANN, Justice: This appeal by the State has been granted under 10 Del.C. § 9903, permitting the review of important questions of law upon the State’s application for the governance of future cases.”
State v. Fischer, 278 A.2d 324 (Del. 1971). · cites it 2× “§ 3731 , as to appeals to the Circuit Courts of Appeals from pre-trial dismissals of indictments and informations by District Courts.”
State v. Dobies, 290 A.2d 663 (Del. Super. Ct. 1972). · cites it 2× “1 10 Del.C. § 9903 provides for appeals by the State in the discretion of the appellate court “to determine a substantial question of law or procedure.”
State v. Wausnock, 303 A.2d 636 (Del. 1973). “HERRMANN, Justice: This is an appeal by the State, taken by leave of Court under 10 Del.C. § 9903, * from an Order of the Superior Court suppressing evidence for violation of the search and seizure provisions of the Fourth Amendment.”
State v. Grace, 286 A.2d 754 (Del. 1971). “47, 1970, is a discretionary appeal taken pursuant to 10 Del.C. § 9903. On April 2, 1970 we accepted this discretionary appeal.”
State v. Culver, 288 A.2d 279 (Del. 1972). “HERRMANN, Justice: These appeals by the State have been granted under 10 Del.C. § 9903 permitting the review of important questions of law, after final judgment in criminal cases, for the governance of future cases.”
State v. Conner, 295 A.2d 704 (Del. 1972). · cites it 2× “HERRMANN, Justice: The State was granted leave to file this appeal, under 10 Del.C. § 9903, 1 calling for review of an interpretation by the Superior Court of our Witness Immunity *706 Statute, 11 Del.”
State v. Dennis, 306 A.2d 729 (Del. 1973). “If the correct judgment had been entered, the State could appeal only under 10 Del. C. § 9903, for which this Court’s permission is a necessary prerequisite.”
State v. Jones (Del. 2015). · cites it 2× “O R D E R This 23rd day of February 2015, it appears to the Court that: (1) The appellant, the State of Delaware, has petitioned this Court, under 10 Del. C. § 9903 and Supreme Court Rule 27(b), for leave to appeal a portion of the Superior Court’s January 14, 2015 order…”
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