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Campbell v. State

Supreme Court of Delaware
Sep 9, 2008
No. 294, 2008 (Del. Sep. 9, 2008)

Opinion

No. 294, 2008.

Submitted: September 2, 2008.

Decided: September 9, 2008.

Court Below — Superior Court of the State of Delaware, § in and for New Castle County, Cr. ID 0611014878.


ORDER


This 9th day of September 2008, the Court has considered Campbell's motion for a stay of execution of sentence pending appeal, as well as the State's response thereto. A motion for a stay of execution of sentence pending a criminal appeal is governed by 11 Del. C. § 4502 and Supreme Court Rule 32(b). Section 4502 provides that a stay from this Court must be sought within 30 days of the judgment sought to be stayed, i.e. sentencing. Campbell was sentenced June 6, 2008. He filed his motion seeking a stay from this Court on August 15, 2008. His motion is untimely, and we will not consider his untimely request.

Manlove v. State, 523 A.2d 533, 534 (Del. 1987).

NOW, THEREFORE, IT IS ORDERED that the motion for a stay of execution of sentence is DENIED.


Summaries of

Campbell v. State

Supreme Court of Delaware
Sep 9, 2008
No. 294, 2008 (Del. Sep. 9, 2008)
Case details for

Campbell v. State

Case Details

Full title:CHARLES CAMPBELL, Defendant Below-Appellant, v. STATE OF DELAWARE…

Court:Supreme Court of Delaware

Date published: Sep 9, 2008

Citations

No. 294, 2008 (Del. Sep. 9, 2008)