Delaware Code Title 10 Sec. 4512 – Challenging compliance with selection procedures
(a) Within 7 days after the moving party discovers, or by the exercise of diligence could have discovered, the grounds therefor, and in any event before the jury is sworn to try the case, a party may move to stay the proceedings, and in a criminal case to dismiss the indictment, or for other appropriate relief, on the ground of substantial failure to comply with this chapter in selecting the grand, petit or special jury.
Terms Used In Delaware Code Title 10 Sec. 4512
- Clerk: means the prothonotary of each county, and includes any deputy or clerk in the office of the prothonotary. See Delaware Code Title 10 Sec. 4503
- Court: means the Superior Court of the State, and includes any Judge of the Court. See Delaware Code Title 10 Sec. 4503
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) Upon motion filed under subsection (a) of this section containing a sworn statement of facts which, if true, would constitute a substantial failure to comply with this chapter, the moving party is entitled to present in support of the motion the testimony of the clerk, any relevant records and papers not public or otherwise available used by the clerk, and any other relevant evidence. If the Court determines that in selecting a grand, petit or special jury there has been a substantial failure to comply with this chapter, the Court may stay the proceedings pending the selection of the jury in conformity with this chapter, dismiss an indictment or grant other appropriate relief.
(c) The procedures prescribed by this section are the exclusive means by which a jury may be challenged on the ground that the jury was not selected in conformity with this chapter.
60 Del. Laws, c. 225, § ?2; 66 Del. Laws, c. 5, § ?1; 77 Del. Laws, c. 171, §§ ?3, 4;