Supreme Court of Delaware

Freeman v. State

September 22, 2023

Summary

The Court affirmed the denial of Freeman’s motion to modify his sentence because the motion was filed outside Rule 35(b)’s ninety-day period and his medical conditions did not establish extraordinary circumstances. The Court held that medical-illness-based sentence modification should instead be pursued through the statutory mechanism requiring a Department of Correction application. The Court also concluded that Freeman had not shown that he pursued that mechanism.