Delaware Code

11 Del. C. § 5103 (2026)

Assignment of counsel

✓ current as of May 2026

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(a) The Superior Court shall assign counsel to any person on trial for murder, manslaughter or any offense punishable by death, or the offense of being an accomplice or accessory to any such crime, if such person is unable to obtain counsel.

(b) The Court may assign counsel to any person in any criminal prosecution as provided by the Rules of Criminal Procedure for the Superior Court.

Code 1852, §§ 1925, 1926, 1929; 11 Del. Laws, c. 225, § 1; Code 1915, §§ 3793, 3794, 3798; Code 1935, §§ 4305, 4306, 4310; 11 Del. C. 1953, § 5103;

Notes of Decisions

Cited in 1 case, 1974–1974 · leading case: Lindh v. O'HARA, 325 A.2d 84 (Del. 1974).

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Lindh v. O'HARA, 325 A.2d 84 (Del. 1974). “11 Del.C. § 5103 provides: “§ 5103. Assignment of counsel “(a) The Superior Court shall assign counsel to any person on trial for murder, manslaughter or any offense punishable by death, or the offense of being an accomplice or accessory to any such crime, if such person is…”

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