Binkley v. State

Summary

The Court held that Binkley’s direct appeal was untimely because a pending motion for a new trial did not toll the appeal period and Delaware does not apply the prison mailbox rule. Despite the jurisdictional defect, the Court remanded in the interest of justice because defense counsel did not address Binkley’s allegations that counsel failed to communicate with him or protect his appellate rights. The Superior Court was directed to vacate the original sentence and resentence Binkley.