Summary
finding exceptional circumstances standard not satisfied based on counsel's illness, when "this matter has been scheduled seven times and defense counsel has had ample opportunities to file pre-trial motions, and elected not to do so."
Summary of this case from State v. AyersOpinion
ID# 1210010765
11-01-2013
Re: State of Delaware v. Richard A. Williams
JUDGE
Periann Doko, DAG
Delaware Department of Justice
820 North French Street, 7th Floor
Wilmington, DE 19801
Ross C. Karsnitz, Esquire
Assistant Public Defender
900 North King Street
Wilmington, DE 19801
Dear Counsel:
Defendant filed a Motion to File Motion to Suppress Out of Time on October 29, 2013. The State submitted its response on November 1, 2013. Trial in this matter is scheduled for November 14, 2013.
This Court only considers late-filed motions to suppress upon a showing that "exceptional circumstances prevented the filing of a timely motion." In nearly a full year since Defendant was indicted, there have been no previous attempts to raise the suppression issue. Defendant has not alleged that the delay is warranted by the existence of any new evidence. While the Court is sympathetic to prior defense counsel's significant health issues, Defendant's contention that these medical reasons "may have interfered with his ability to file" a suppression motion does not satisfy the above standard. This is especially true given that this matter has been scheduled seven times and defense counsel has had ample opportunities to file pre-trial motions, and elected not to do so.
Davis v. State, 38 A.3d 278, 281 (Del. 2012).
Accordingly, Defendant's Motion to File Motion to Suppress Out of Time is DENIED.
Very truly yours,
________________
Judge Vivian L. Rapposelli
VLR/sj cc: Prothonotary