DE: two on motions to suppress out of time

Motion to file a motion to suppress out of time is denied for not showing a sufficient excuse. Even so, defendant doesn’t allege standing, so he couldn’t win if it was allowed to be filed. State v. Boyd, 2017 Del. Super. LEXIS 466 (Aug. 22, 2017)

Defense counsel’s failure to file motions timely was inexcusable and no excuse was offered. The case has been pending two years. Nevertheless, after a continuance was granted and the state wanted the motions heard [to avoid a later IAC claim], the court agreed to. State v. Hamilton, 2017 Del. Super. LEXIS 457 (Sept. 7, 2017). [A wise prosecutor, avoiding an IAC claim. We don’t know that’s the prosecutor’s reasoning, but that’s certainly the most logical.]

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