State v. Moorhead

HOLLAND, Justice:

The State has applied for leave to appeal from an adverse evidentiary ruling by the Superior Court, which was made during the course of a criminal trial. 10 Del.C. § 9903. Such appeals are permitted in the discretion of this Court. Id. The defendant-appellee, Edward C. Moorhead, Jr. (“Moorhead”), has responded with a motion to dismiss the State’s application as untimely and, alternatively, with a request to deny the State’s application on the merits. The only issue addressed by this opinion is the timeliness of the State’s application for leave to appeal.

The timeliness…