Supreme Court of Delaware

Amaro v. State

June 11, 2015

Summary

The Supreme Court of Delaware dismissed Amaro’s appeal because his notice of appeal from the resentencing order was filed after the jurisdictional 30-day deadline. The court held that defense counsel is not court personnel whose conduct can excuse an untimely filing, and that the disputed allegation of attorney error must be resolved through postconviction proceedings. The court therefore declined to remand for resentencing to restart the appeal period.