Opinion
C.A. No. 0609011528A.
August 14, 2007.
Augustus Evans, Howard R. Young Correctional Institution, Wilmington, DE.
Motion for Judgment of Acquittal
Dear Mr. Evans:
The Court has studied your Superior Court Criminal Rule 29 Motion for Judgment of Acquittal. It is denied for the following reasons.
First, it comes too late. It was received and filed in the Prothonotary's Office on August 7, 2007. The jury found you guilty on July 12, 2007.
Rule 29 mandates that a motion be filed within seven (7) days of the verdict unless you have been granted additional time by the Court within the same seven (7) days. Rule 45 does not permit me to enlarge the time permitted for filing under Rule 29. Your first filing under Rule 29 comes weeks too late.
Anticipating your argument that the documents are signed by you on July 13, 2007, I note that, (a) the postmark is August 6, 2007; and (b) it is your responsibility to timely file pursuant to the Rules of the Court. You do not get extra time because you are incarcerated.
Carr v. State, 554 A.2d 778, 779-80 (reaffirming principle that time is a jurisdictional requirement with which a party must strictly comply and declining to adopt a "prison mailbox rule" in Delaware), cert. denied, 493 U.S. 829 (1989).
Even had you timely filed the motion, it would be denied on it merits. The motion is basically a summary of your closing arguments; i.e. the police lied, the police did improper, incomplete or sloppy investigations, thereby making the evidence insufficient to support your convictions.
The jury determined the credibility issues as well as the weight and value of the evidence.
Regardless of your perception as to the evidence, I find all of the evidence, including your statement to the police, firmly establishes your guilty beyond a reasonable doubt.
Your motion for judgment of acquittal pursuant to Rule 29 is denied. Sentencing shall proceed on August 24, 2007.
IT IS SO ORDERED.