Dickens v. State of Delaware.

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SUPERIOR COURT OF THE STATE OF DELAWARE RICHARD R. COOCH NEW CASTLE COUNTY COURTHOUSE 500 N. KING STREET, SUITE 10400 WILMINGTON, DELAWARE 19801 (302) 255-0664 RESIDENT JUDGE Kevin Dickens Delaware Correctional Center 1181 Paddock Road Smyrna, Delaware 19977 Ipek Kurul, Esquire Deputy Attorney General Carvel State Office Building 820 N. French Street Wilmington, Delaware 19801 Re: Kevin L. Dickens v. State of Delaware I.D.# 0112001247 Submitted: August 7, 2003 Decided: September 16, 2003 On Defendant s Motion for Reargument. DENIED. Dear Mr. Dickens and Ms. Kurul: Appellant Kevin Dickens has moved for reargument of this Court s July 11, 2003 Order affirming his criminal conviction in the Court of Common Pleas1 on the ground that the Court has not applied settled Delaware and federal law to the facts of this case. 2 However, under Superior Court Civil Rule 59(e) (Rearguments), made applicable to criminal cases pursuant to 1 2003 WL 21982924 (Del. Super.) 2 Appellant s Mot. at 1. Superior Court Criminal Rule 57(d), Appellant s motion is not timely.3 This five-day time limit applies even when the movant is incarcerated.4 Accordingly, Appellant s Motion for Reargument is DENIED. IT IS SO ORDERED. Very truly yours, /s/ /jkk oc: xc: Prothonotary Investigative Services See Duffy v. State, 1998 WL 138945 (Del. Supr.) (holding that the five-day filing period of Superior Court Civil Rule 59(e) is made applicable to criminal proceedings by Superior Court Criminal Rule 57(d)). 3 Id. at *2 (citing Carr v. State, 554 A.2d 778, 779 (Del.), cert. denied, 493 U.S. 829 (1989)). 4 2

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