Supreme Court of Delaware

Heller v. State

September 7, 2016

Summary

The Supreme Court of Delaware dismissed Heller’s appeal because he filed his notice of appeal well beyond the applicable thirty-day deadline, depriving the Court of appellate jurisdiction. The Court held that alleged misinformation or inaction by trial counsel did not qualify for the narrow exception permitting an untimely appeal. Any claim concerning counsel’s continuing duty to file an appeal must instead be pursued through postconviction relief.