Whitfield v. State

Summary

The Delaware Supreme Court dismissed Whitfield’s appeal from the denial of his motion for a new trial because the notice of appeal was untimely and the untimely motion for reargument did not toll the appeal period. The Court affirmed the denial of Whitfield’s motion to reconsider because it was properly treated as an untimely motion for reargument.

Holdings

1. The Superior Court properly characterized Whitfield's motion to reconsider as a motion for reargument, and because it was filed more than five days after the order sought to be reargued, the Superior Court had no authority to consider it.
2. An untimely motion for reargument did not toll the jurisdictional period for filing a notice of appeal.
3. The Supreme Court lacked jurisdiction to consider Whitfield's appeal from the February 23, 2009 order because the notice of appeal was filed one day after the jurisdictional deadline.

Questions Presented

1. Whether the Supreme Court of Delaware had jurisdiction to review the February 23, 2009 order denying Whitfield's motion for new trial when the notice of appeal was filed on March 26, 2009.
2. Whether the Superior Court properly treated Whitfield's motion to reconsider as a motion for reargument and denied it as untimely.
3. Whether an untimely motion for reargument tolls the jurisdictional period for filing a notice of appeal.

Disposition

other