Deadlines After a Conviction
Del. Supr. Ct. R. 6 — 30 days after sentence to appeal, and one year for postconviction relief
30 days. A notice of appeal in a criminal case is filed in the office of the Clerk of the Supreme Court within 30 days after a sentence is imposed in a direct appeal of a criminal conviction or a violation of probation, and within 30 days after entry upon the docket of a judgment or order in any proceeding for postconviction relief.
Who handles this in Delaware: legal aid programs and the state offices, listed in the Delaware directory.
From inside an institution. An appeal filed by a pro se inmate confined in an institution that is not otherwise timely is deemed filed on the date it is deposited in the institution's internal mail system, if it was placed there on or before the last day for filing, the first-class postage is prepaid, and it is accompanied by a receipt from the institution's staff verifying the date and time it was placed in the mail system.
One year. A motion for postconviction relief under Superior Court Criminal Rule 61 may not be filed more than one year after the judgment of conviction is final, or, if it asserts a retroactively applicable right that is newly recognized after the judgment is final, more than one year after the right is first recognized by the Supreme Court of Delaware or by the United States Supreme Court.
When a conviction is final. Without a direct appeal, 30 days after the Superior Court imposes sentence. After a direct appeal, when the Supreme Court issues a mandate or order finally determining the case on direct review. After a petition for certiorari, when the United States Supreme Court issues a mandate or order finally disposing of the case on direct review.
Assigned counsel on appeal, a stay pending appeal, and federal habeas corpus run on rules and deadlines of their own and are not on this page. Whether a deadline has passed in a particular case is a question for a licensed Delaware attorney.
Sources for this section (2)
- Del. Supr. Ct. R. 6 — Time for taking appeals and cross-appeals
- Del. Super. Ct. Crim. R. 61 — Postconviction remedy
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.