Your Last Chance to Fix Trial Court Errors
Delaware Supreme Court is the state's highest court for criminal appeals. If you were convicted in Superior Court and believe that trial court errors, constitutional violations, or ineffective assistance of counsel affected the outcome of your case, the Supreme Court is your opportunity to challenge that conviction. This is not a retrial — it is a legal review of the trial record and the procedures used to convict you. But appellate practice is fundamentally different from trial practice, and requires specialized expertise in legal writing, record preservation, and oral argument.
George & Vyas handles direct appeals from Superior Court convictions, post-conviction relief petitions based on ineffective assistance of counsel, and sentence appeals challenging illegal or excessive sentences. We also work backward from appeal through trial, preserving the record during trial for appellate challenges that may come later. This means anticipating appeal issues while the case is still in Superior Court, documenting errors as they happen, and building a complete record that an appellate court can review.
Direct Appeals
Challenging Superior Court convictions on grounds including trial judge error, constitutional violations, improper jury instructions, and illegally obtained evidence.
Post-Conviction Petitions
Raising issues not in the trial record — most commonly ineffective assistance of trial counsel or newly discovered evidence that affects the validity of your conviction.
Sentence Appeals
Challenging sentences that exceed the legal maximum, violate constitutional principles, or are otherwise illegal or excessive. Advocating for sentence reduction.
Oral Argument
Standing before the Delaware Supreme Court to present your appellate arguments when oral arguments are scheduled. Direct, persuasive oral advocacy matters.
Good Trial Defense Includes Preparing for Appeal
Many defendants don't consider appeal until after conviction — but by then, it may be too late. Trial counsel must preserve the record for appeal by objecting to errors when they happen, requesting jury instructions that match the evidence, challenging illegally obtained evidence before trial, and documenting all the decisions and ruling that form the basis for appeal.
Because both of our attorneys were prosecutors and have tried cases at the trial court level, we understand how to build a record that supports both trial defense and appellate claims. When we represent you at trial, we are simultaneously preparing for appeal. If errors occur, we preserve them. This approach maximizes your options if you are convicted and wish to appeal.
Delaware Supreme Court Appeal FAQ
What is Delaware Supreme Court and what appeals does it hear?
Delaware Supreme Court is the state's highest court. It hears direct appeals from Superior Court felony convictions, post-conviction relief petitions, and sentence appeals. This is the last resort if your conviction was wrongly decided or your sentence was illegal or excessive.
What kinds of issues can be appealed to Delaware Supreme Court?
Common appellate issues include trial judge error, constitutional violations, improper jury instructions, illegally obtained evidence that should have been suppressed, ineffective assistance of counsel, and sentences that exceed the legal maximum or are otherwise illegal. An appellate attorney identifies these issues during trial through careful record preservation.
What is the difference between a direct appeal and post-conviction relief?
A direct appeal challenges the trial record and argues that trial court errors require reversal. Post-conviction relief petitions raise issues not in the trial record — typically ineffective assistance of counsel or newly discovered evidence. Both are critical tools when a conviction is wrong or when your trial attorney failed to properly defend you.
Have more questions? Schedule a free consultation or call 302-735-8401.