Supreme Court of Delaware

Seramone v. State

November 9, 2023

Summary

The Court remanded the case for the Superior Court to reissue its order denying postconviction relief, allowing Seramone a new opportunity to file a timely appeal. The Court reaffirmed that an untimely notice generally does not invoke appellate jurisdiction and that Delaware has not adopted a prison mailbox rule by judicial decision alone, but it did not resolve Seramone’s constitutional challenges because the record and briefing were insufficient. No separate opinions were filed.