Delaware Code

11 Del. C. § 5301 (2026)

General provisions

✓ current as of May 2026

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(a) The accused shall have the right to trial by petit jury in all criminal cases except as otherwise provided by statute.

(b) The Court shall have the power to receive pleas of guilty from persons charged with misdemeanors and to impose sentence or probation according to law, as fully as is now done by the Superior Court.

(c) From any order, rule, decision, judgment or sentence of the Court in a criminal action, the accused shall have the right of appeal to the Superior Court in and for the county wherein the information was filed as provided in § 28, article IV of the Constitution of the State. Such appeal to the Superior Court shall be reviewed on the record and shall not be tried de novo.

11 Del. C. 1953, § 5301; 59 Del. Laws, c. 133, § 3; 69 Del. Laws, c. 421, § 1;

Notes of Decisions

Cited in 15 cases (2 in the last 5 years), 1970–2025 · leading case: Weaver v. State, 779 A.2d 254 (Del. 2001).

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Weaver v. State, 779 A.2d 254 (Del. 2001). · cites it 2× “1 Weaver appealed his convictions and sentences to the Superior Court pursuant to 11 Del. C. § 5301(c) 2 and Del. Const. art.”

State v. Cagle, 332 A.2d 140 (Del. 1974). · cites it 3× “2 The defendant appealed his conviction to the Superior Court under 11 Del.C. § 5301. 3 The Superior Court ruled that “the State has not sustained the burden of proving beyond a reasonable doubt that defendant was under the influence of intoxicating liquor at the time of the…”

Claire v. State, 294 A.2d 836 (Del. 1972). · cites it 2× “He demanded a jury trial and the case was transferred to the Superior Court pursuant to 11 Del.C. § 5301. In the Superior Court, over the appellant’s objection, the information was amended to charge him with assault and battery on a police officer and resisting arrest, both in…”

Mendez-Garcia v. State (Del. Super. Ct. 2020). · cites it 2× “103 The role of this Court is to correct errors of law and to review the factual findings of the Trial Court to determine “if they are sufficiently supported by the record and are the product of an orderly and logical deductive process.”

Clark v. State (Del. Super. Ct. 2022). · cites it 2× “”16 The statutory grant of jurisdiction to this Court to hear appeals from the CCP, 11 Del. C. § 5301, does not enlarge the time allowed to appeal, so the 15-day limit in the court rule controls.”

Richardson v. State of Delaware. (Del. Super. Ct. 2015). · cites it 3× “’” 29 Such a waiver of a constitutional right generally will be intelligent and voluntary if the defendant is aware of the right and the 23 Ans.”

Ziejewski v. State of Delaware. (Del. Super. Ct. 2015). · cites it 2× “1 The 1 11 Del. C. § 5301(c). 1 appellate role of this Court is to determine “whether there is legal error and whether the factual findings made by the trial judge are sufficiently supported by the record and are the product of an orderly and logical deductive process.”

Aversa v. State (Del. Super. Ct. 2016). “/s/Jeffrey J Clark Judge 1 See 11 Del. C. § 5301(c)( providing for an appeal of any Court of Common Pleas “order, rule, decision, judgment or sentence .”

Arzuaga v. State (Del. Super. Ct. 2017). “Standard of Review This Court has authority to review decisions made by the Court of Common Pleas pursuant to 11 Del. C. § 5301(c). This Court will not determine the credibility of the witnesses, make factual findings or weigh evidence.”

Harris v. State (Del. Super. Ct. 2018). “8 The burden is on the party challenging the admission of the evidence to establish a 4 ll Del.”

Arbolay v. State (Del. Super. Ct. 2020). “”17 Moreover, this Court will accept the factual findings of the Court of Common Pleas if the findings are “sufficiently supported by the record and are the product of an orderly and logical deductive process.”

Raiford v. State (Del. Super. Ct. 2025). “40 In considering an appeal from the Court of Common Pleas to the Superior Court, the Superior Court determines whether there is legal error and whether the factual findings made by the trial judge are sufficiently supported by the record.”

Show all 15 citing cases →

— 11 Del. C. § 5301(0) — 1 case

Harris v. State (Del. Super. Ct. 2018). “8 The burden is on the party challenging the admission of the evidence to establish a 4 ll Del.”

— 11 Del. C. § 5301(a) — 2 cases

Richardson v. State of Delaware. (Del. Super. Ct. 2015). “’” 29 Such a waiver of a constitutional right generally will be intelligent and voluntary if the defendant is aware of the right and the 23 Ans.”

State of Delaware v. Gregg Richardson (Del. Ct. Com. Pl. 2015).

— 11 Del. C. § 5301(c) — 10 cases

Weaver v. State, 779 A.2d 254 (Del. 2001). “1 Weaver appealed his convictions and sentences to the Superior Court pursuant to 11 Del. C. § 5301(c) 2 and Del. Const. art.”

Mendez-Garcia v. State (Del. Super. Ct. 2020). “103 The role of this Court is to correct errors of law and to review the factual findings of the Trial Court to determine “if they are sufficiently supported by the record and are the product of an orderly and logical deductive process.”

Ziejewski v. State of Delaware. (Del. Super. Ct. 2015). “1 The 1 11 Del. C. § 5301(c). 1 appellate role of this Court is to determine “whether there is legal error and whether the factual findings made by the trial judge are sufficiently supported by the record and are the product of an orderly and logical deductive process.”

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