Eller v. State
| Court | United States State Supreme Court of Delaware |
| Writing for the Court | HOLLAND |
| Citation | 531 A.2d 948 |
| Parties | Tommy C. ELLER, Defendant Below Appellant, v. STATE of Delaware, Plaintiff Below, Appellee. . Submitted: |
| Decision Date | 26 August 1987 |
Page 948
v.
STATE of Delaware, Plaintiff Below, Appellee.
Decided: Aug. 26, 1987.
Opinion Issued: Aug. 28, 1987.
Upon Petition for a Stay of Execution of Sentence, Denied.
Randall E. Robbins, of the law firm of Ashby, McKelvie & Geddes, of Wilmington, for appellant.
Richard E. Fairbanks, Jr., Chief of Appeals Division, Wilmington, for appellee.
Page 949
HOLLAND, Justice:
Tommy C. Eller was convicted, after a jury trial in the Superior Court, of driving under the influence of alcohol. He was sentenced on July 6, 1987, to imprisonment for sixty (60) days, commencing on July 30, 1987. On July 15, 1987, Eller filed a motion for a new trial in the Superior Court. During the pendency of the new trial motion, the Superior Court stayed the execution of its sentence. The new trial motion, after briefing, was denied by a letter opinion dated August 12, 1987. The stay of execution was lifted by an order dated August 19, 1987. Eller applied to the Superior Court for a certificate of reasonable doubt on August 21, 1987. He did not request that bail be set. The Superior Court issued the certificate of reasonable doubt on August 24, 1987.
Eller docketed an appeal with this Court on August 25, 1987. That same day, Eller filed a motion requesting this Court to set bail and stay the execution of his sentence. On August 26, 1987, Eller filed an amended notice of appeal and an amended motion requesting this Court to set bail and stay the execution of his sentence. On August 26, 1987, the State opposed Eller's request for a stay of execution and moved to vacate the certificate of reasonable doubt that had been issued by the Superior Court.
This Court agreed to consider Eller's applications on an expedited basis pursuant to Supr.Ct.R. 25 since Eller's imprisonment was scheduled to commence on August 27, 1987. On August 26, 1987, after considering the parties written submissions and following oral argument, the Court verbally denied Eller's motion for a stay of the execution of his sentence and stated that a written opinion would be forthcoming. This is the Court's opinion.
Eller's motion for a stay of execution of his sentence was filed pursuant to 11 Del.C. § 4502 and Supr.Ct.R. 32(b), (d) of this Court. Rule 32(b) in pertinent part provides:
(b) Stay in criminal proceedings. The right to a stay of execution and bail in criminal cases shall be as provided by statute and by these Rules. On application for a stay of execution and bail, the provisions of any applicable statute must be met ... (emphasis added).
The applicable statute in this case is 11 Del.C. § 4502. The pertinent part of that statute states:
No writ of error or writ of certiorari issuing from the Supreme Court in any criminal cause shall operate as a stay of execution of the sentence of the trial court unless such writ or error or writ of certiorari be sued out within thirty days from the date of final judgment in the court below, and unless the plaintiff in error obtains from the trial court (or, if the trial court refuses, then from one of the Justices of the Supreme Court) a certificate that there is a reasonable ground to believe that there is error in the record which might require a reversal of the judgment below, or that the record presents an important question of substantive law which should be decided by the Supreme Court.... (emphasis added.)
Before this Court can reach the merits for a stay of Eller's sentence, it must be satisfied that the statutory requirements have been met. Supr.Ct.R. 32(b). The statute, 11 Del.C. § 4502, requires Eller to demonstrate that the application for a stay has been made within thirty days from the date of final judgment in the court...
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Reed v. State, 214, 2020
...469, 470 (Del. 1965) ); Schoolfield v. State , 655 A.2d 1225, 1995 WL 111183, at *1 (Del. Mar. 6, 1995) (TABLE) (citing Eller v. State , 531 A.2d 948, 949 (Del. 1987) ).69 Super. Ct. Crim. R. 11(c).70 Super. Ct. Crim. R. 11(d).71 Op. Br. at 35. See also Sanchez-Barreto , 93 F.3d at 23 (noti......
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State v. Moorhead
..."benchmark of finality in a criminal proceeding has always been the date upon which sentence is imposed." Eller v. State, Del.Supr., 531 A.2d 948, 950 (1987). Compare State v. Skyers, Del.Supr., 560 A.2d 1052 (1989). In the case sub judice, the "final order" was entered in the criminal proc......
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Radulski for Taylor v. Delaware State Hosp. for and on Behalf of Div. of Alcoholism, Drug Abuse and Mental Health, of Dept. of Health and Social Services
...of an appeal to this Court generally divests the trial court of its jurisdiction over the cause of action. Eller v. State, Del.Supr., 531 A.2d 948, 950-51 (1987); Moore v. Moore, Del.Supr., 144 A.2d 765, 767 (1958); King v. Lank, Del.Super., 61 A.2d 402, 404 (1948); 4 Am.Jur.2d Appeal and E......
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Petition of Hovey
...to this Court, a criminal proceeding becomes final on the date the sentence is imposed by the trial judge. Eller v. State, Del.Supr., 531 A.2d 948, 950 (1987). The Superior Court's denial of Hovey's motion to dismiss the indictment constitutes an interlocutory ruling in a criminal proceedin......
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Reed v. State, 214, 2020
...469, 470 (Del. 1965) ); Schoolfield v. State , 655 A.2d 1225, 1995 WL 111183, at *1 (Del. Mar. 6, 1995) (TABLE) (citing Eller v. State , 531 A.2d 948, 949 (Del. 1987) ).69 Super. Ct. Crim. R. 11(c).70 Super. Ct. Crim. R. 11(d).71 Op. Br. at 35. See also Sanchez-Barreto , 93 F.3d at 23 (noti......
-
State v. Moorhead
..."benchmark of finality in a criminal proceeding has always been the date upon which sentence is imposed." Eller v. State, Del.Supr., 531 A.2d 948, 950 (1987). Compare State v. Skyers, Del.Supr., 560 A.2d 1052 (1989). In the case sub judice, the "final order" was entered in the criminal proc......
-
Radulski for Taylor v. Delaware State Hosp. for and on Behalf of Div. of Alcoholism, Drug Abuse and Mental Health, of Dept. of Health and Social Services
...of an appeal to this Court generally divests the trial court of its jurisdiction over the cause of action. Eller v. State, Del.Supr., 531 A.2d 948, 950-51 (1987); Moore v. Moore, Del.Supr., 144 A.2d 765, 767 (1958); King v. Lank, Del.Super., 61 A.2d 402, 404 (1948); 4 Am.Jur.2d Appeal and E......
-
Petition of Hovey
...to this Court, a criminal proceeding becomes final on the date the sentence is imposed by the trial judge. Eller v. State, Del.Supr., 531 A.2d 948, 950 (1987). The Superior Court's denial of Hovey's motion to dismiss the indictment constitutes an interlocutory ruling in a criminal proceedin......