The Chief Justice may order any matter to be determined by the Court en banc upon the briefs or upon oral argument. In addition, there shall be a determination by the Court en banc upon the briefs or upon oral argument in the following circumstances:
(1) upon direct appeal in death penalty cases; (2) upon a motion for postconviction relief in death penalty cases;(3) when a panel of this Court indicates possible disagreement; (4) when there is a reasonable likelihood that a prior decision of this Court may be modified or overruled;(5) upon the affirmative vote of two or more Justices; and(6) in such other cases as the Court by rule or the General Assembly by two-thirds vote shall determine. See Del. Const. art. IV, § 12.Del. Sup. Ct. Int. Opp. P. X
Adopted effective 6/18/2015