Delaware v. CulpAnnotate this Case
The State appealed the superior court’s order granting Catherine Culp’s second pro se motion for sentence modification, which the court reviewed as a Motion for Review of Sentence. The superior court held that Culp’s rehabilitative efforts demonstrated “beyond cavil extraordinary circumstances” justifying reduction of her sentence pursuant to Superior Court Criminal Rule 35(b). On appeal, the State argued that the superior court abused its discretion in granting the Motion, which the State contended was barred as repetitive and untimely. After review, the Delaware Supreme Court concluded that the superior court’s modification of Culp’s sentence ignored the plain language of Rule 35(b) and established precedent, thereby abusing its discretion. Accordingly, the Supreme Court reversed the superior court’s order.