Title 10 — Courts and Judicial Procedure
63 chapters · 561 sections in this title.
10 Del. C. § 7001. Short title.
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§ 7001. Short title. This chapter is to be known and may be cited as the “Delaware Wrongful Conviction Compensation and Services Act.”84 Del. Laws, c. 427, § 1;
10 Del. C. § 7002. Declaration of purpose.
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§ 7002. Declaration of purpose. The State recognizes that certain individuals have served sentences of incarceration, parole, probation, and sex offender registration in the State for crimes they did not commit, and that such individuals have been denied compensation for their wr…
10 Del. C. § 7003. Definitions.
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§ 7003. Definitions. When used in this chapter: (1) “Conviction” means as defined under § 222 of Title 11. “Conviction” also includes a case in which a person is adjudicated delinquent under § 1002 of this title. (2) “Defendant” means a defendant in a criminal case or a responden…
10 Del. C. § 7004. Cause of action against the State for wrongful conviction.
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§ 7004. Cause of action against the State for wrongful conviction. (a) Who may bring. — An individual claiming wrongful conviction, or the heirs of the individual if the individual is deceased, may bring a petition for an award and other relief against the State, as set forth in …
10 Del. C. § 7005. Remedies awarded on a successful claim for wrongful conviction.
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§ 7005. Remedies awarded on a successful claim for wrongful conviction. (a) Damages. — A petitioner who prevails on a cause of action under § 7004 of this title shall be awarded the following categories of damages: (1) Noneconomic damages arising from the wrongful conviction, inc…
10 Del. C. § 7006. Notice.
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§ 7006. Notice. A court entering a dismissal or judgment of acquittal after a defendant’s criminal conviction has been overturned, vacated, or reversed shall provide a copy of this chapter to the defendant at the time of entry of the dismissal or acquittal. The defendant must ack…
10 Del. C. § 7007. Time to file.
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§ 7007. Time to file. (a) Statute of limitations. — A petition under § 7004 of this title must be brought within 6 years after the provision of notice as required in § 7006 of this title. (b) Pre-Enactment Claims. — A petitioner who was incarcerated, placed on probation or parole…
10 Del. C. § 7008. Wrongful Conviction Compensation Fund.
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§ 7008. Wrongful Conviction Compensation Fund. (a) The Wrongful Conviction Compensation Fund ( “Fund” ) is created as a separate fund in the Office of the State Treasurer. (b) The State Treasurer may receive money or other assets from any source for deposit into the Fund. (c) The…
10 Del. C. § 7009. Eligibility for services for individuals released after conviction overturned.
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§ 7009. Eligibility for services for individuals released after conviction overturned. (a) An individual released from incarceration as the result of the reversal, overturning, or vacation of a conviction(s) is eligible for and entitled to, and the State shall provide, all of the…
10 Del. C. § 7010. Construction of chapter.
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§ 7010. Construction of chapter. This chapter and the regulations promulgated under it must be construed liberally to effectuate the legislative intent and as complete authority for the performance of each act and thing authorized in the chapter.84 Del. Laws, c. 427, § 1;