Delaware Code
11 Del. C. § 2103 (2026)
Persons charged with a capital crime [Effective July 1, 2026]
✓ current as of May 2026
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(a) A capital crime shall not be bailable, and a person so charged shall be held in custody without bail until the charge be withdrawn, reduced or dismissed or until the court shall otherwise order after a trial which results in less than a conviction of a capital crime or except as provided in subsection (b) of this section.
(b) The Superior Court shall admit to bail a person charged with a capital crime unless, after full inquiry, the Superior Court determines that the proof is positive or the presumption great.
11 Del. C. 1953, § 2103; 56 Del. Laws, c. 231, § 1; 84 Del. Laws, c. 473, § 3; 85 Del. Laws, c. 61, § 1; 85 Del. Laws, c. 62, § 106;Notes of Decisions
Cited in 3
cases, 1969–2016 · leading case: Steigler v. Superior Court, in & for New Castle Co., 252 A.2d 300 (Del. 1969).
Steigler v. Superior Court, in & for New Castle Co., 252 A.2d 300 (Del. 1969). “§§ 1323, 1523, 1724) except that by recent enactment [11 Del.C. § 2103(b)] the Superior Court alone is authorized to admit to bail where a capital offense is charged.”
State v. Wright (Del. Super. Ct. 2016). “Wright was not bailable under 11 Del. C. § 2103, the Court finds that revelations about Detective Mayfield’s testimony at the Original Hearing about Ms.”
State v. Johnson, 295 A.2d 741 (Del. Super. Ct. 1972). “11 Del.C. § 2103. The fixing of bail in this case should not be construed as precedent in untried cases of first degree murder.”
— 11 Del. C. § 2103(a) — 1 case
State v. Wright (Del. Super. Ct. 2016). “Wright was not bailable under 11 Del. C. § 2103, the Court finds that revelations about Detective Mayfield’s testimony at the Original Hearing about Ms.”
— 11 Del. C. § 2103(b) — 2 cases
Steigler v. Superior Court, in & for New Castle Co., 252 A.2d 300 (Del. 1969). “§§ 1323, 1523, 1724) except that by recent enactment [11 Del.C. § 2103(b)] the Superior Court alone is authorized to admit to bail where a capital offense is charged.”
State v. Wright (Del. Super. Ct. 2016). “Wright was not bailable under 11 Del. C. § 2103, the Court finds that revelations about Detective Mayfield’s testimony at the Original Hearing about Ms.”
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