Delaware Code Title 10. Courts and Judicial Procedure § 9903. Appeal in the discretion of the appellate court

The State may apply to the appellate court to permit an appeal to determine a substantial question of law or procedure, and the appellate court may permit the appeal in its absolute discretion.  The appellate court shall have the power to adopt rules governing the allowance of the appeal;  but, in no event of such appeals shall the decision or result of the appeal affect the rights of the defendant and the defendant shall not be obligated to defend the appeal, but the court may require the Office of Defense Services of this State to defend the appeal and to argue the cause.