Supreme Court of Delaware

Bender v. State

July 29, 2024

Summary

The Court dismissed Bender’s direct criminal appeal as untimely because the thirty-day filing period began when her sentence was imposed in open court, not when a written sentencing order was later signed or made available. The absence of the written order did not prevent a timely appeal because the rules allowed her to file a statement explaining its unavailability. The Court also held that the delay was not attributable to court-related personnel.