Opinion
I.D.# 0112001247.
Submitted: August 7, 2003.
Decided: September 16, 2003.
On Defendant's Motion for Reargument. DENIED.
Kevin Dickens, S.B.I.# 00256265, Delaware Correctional Center, 1181 Paddock Road, Smyrna, Delaware 19977.
Ipek Kurul, Esquire, Deputy Attorney General, Carvel State Office Building, 820 N. French Street, Wilmington, Delaware 19801.
Dear Mr. Dickens and Ms. Kurul:
Appellant Kevin Dickens has moved for reargument of this Court's July 11, 2003 Order affirming his criminal conviction in the Court of Common Pleas on the ground that the Court "has not applied settled Delaware and federal law to the facts of this case." However, under Superior Court Civil Rule 59(e) (Rearguments), made applicable to criminal cases pursuant to Superior Court Criminal Rule 57(d), Appellant's motion is not timely. This five-day time limit applies even when the movant is incarcerated. Accordingly, Appellant's Motion for Reargument is DENIED.
2003 WL 21982924 (Del.Super.)
Appellant's Mot. at 1.
See Duffy v. State, 1998 WL 138945 (Del.Supr.) (holding that the five-day filing period of Superior Court Civil Rule 59(e) is made applicable to criminal proceedings by Superior Court Criminal Rule 57(d)).
Id. at *2 (citing Carr v. State, 554 A.2d 778, 779 (Del.), cert. denied, 493 U.S. 829 (1989)).
IT IS SO ORDERED.