Under the Uniform Post-Conviction Procedure Act, a person who has been convicted of and sentenced for a crime may institute a proceeding applying for relief upon specified grounds. A proceeding is commenced by filing an application with the clerk of the court in which the conviction and sentence took place. The application may be considered by any judge of the court in which the conviction took place.
Keywords: Delaware, motion to reopen, petition, post-conviction relief. When an individual in Delaware seeks post-conviction relief, they may file a motion to reopen their petition based on specified grounds. A Delaware Motion to Reopen Petition for Post Conviction Relief is a legal mechanism that allows a convicted person to present new evidence or claim a violation of their constitutional rights, challenging the validity of their conviction. There are different types of Delaware motions to reopen petitions for post-conviction relief, including: 1. Newly Discovered Evidence: This type of motion is filed when the convicted person has obtained evidence that was not available during their initial trial or post-conviction proceedings. This evidence must be substantial and have the potential to change the outcome of the case. 2. Ineffective Assistance of Counsel: If the individual believes their defense attorney's performance during their trial or appeal was deficient and adversely affected the outcome of the case, they may file a motion to reopen on the grounds of ineffective assistance of counsel. 3. Constitutional Violations: A motion to reopen can be filed if the convicted person can demonstrate that their conviction was obtained in violation of their constitutional rights. This may include claims of unlawful search and seizure, violation of the right to counsel, or due process violations. 4. DNA Testing: If DNA evidence can potentially prove the individual's innocence or establish reasonable doubt, a motion to reopen may be filed to request DNA testing on previously untested evidence. 5. Actual Innocence: In extraordinary cases where new evidence clearly demonstrates that the convicted person is innocent, they may file a motion to reopen on the grounds of actual innocence. This requires presenting compelling evidence that directly proves their innocence, which was not known or available at the time of the trial. It is important to note that filing a motion to reopen a petition for post-conviction relief in Delaware has specific procedural requirements and time limitations. The motion must be supported by legal arguments and relevant documentation, adequately establishing the grounds for reopening the case. The court will then review the motion and evidence presented to determine if there are sufficient grounds to grant relief and potentially overturn the conviction. Overall, a Delaware Motion to Reopen Petition for Post Conviction Relief is a legal tool that enables convicted individuals to challenge their convictions based on new evidence, constitutional violations, ineffective assistance of counsel, DNA testing, or proving their actual innocence.
