Campbell v. State

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

Court: Supreme Court of Delaware

Date published: 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

HENRY DUPONT RIDGELY, Justice.

This 9^th 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.¹

1 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.