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Committee releases bill to treat mailed inmate appeals as filed on mailing date
Summary
House Bill 43 would adopt a ‘mailbox rule’ for incarcerated filers: an appeal mailed through Department of Correction (DOC) channels would be considered filed on the DOC receipt date. The bill drew unanimous committee support and sponsor and DOC testimony in favor.
The House Judiciary Committee released House Bill 43, a bill that would amend Title 10 of the Delaware Code to count the date an incarcerated person gives an appeal to corrections staff as the filing date for appeal-timeliness purposes. Representative Morrison introduced the measure and told the committee the change arose from a constituent case in which a…
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