Supreme Court of Delaware

Watterson v. State

June 27, 2014

Summary

The Court dismissed Watterson's direct appeal because her notice of appeal was filed three days beyond the jurisdictional deadline and neither counsel nor the record attributed the delay to court-related personnel. Because counsel had a continuing obligation to pursue an appeal if Watterson requested one, the Court remanded for a determination whether she had expressed that desire; if so, the Superior Court was directed to vacate the sentence and resentence her with new counsel so that a timely appeal could be filed.