Delaware, February, 2006, State Case law

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State Courts - Delaware - February 6, 2006

Honaker v. State, No. 614, 2005, SUPREME COURT OF DELAWARE, February 6, 2006, Decided
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Overview: Appeal was subject to dismissal for noncompliance with Del. Sup. Ct. R. 6(a)(ii) where alleged reason for lateness was counsel's failure to file notice of appeal in accordance with defendant's instructions.

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Mallory v. Salvation Army, No. 437, 2005, SUPREME COURT OF DELAWARE, February 6, 2006, Decided
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Malloy v. State, No. 445,2005, SUPREME COURT OF DELAWARE, February 6, 2006, Decided
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Overview: Defense counsel's motion to withdraw under Del. Sup. Ct. R. 26(c) was determined to be moot with respect to defendant's appeal of his conviction for first degree robbery because counsel had made a conscientious review of the record and defendant's appeal was wholly without merit and devoid of any arguably appealable issue.

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Neal v. State, No. 496,2005, SUPREME COURT OF DELAWARE, February 6, 2006, Decided
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Overview: Defense counsel's motion to withdraw under Del. Sup. Ct. R. 26(c) was determined to be moot in defendant's appeal of his conviction, pursuant to a guilty plea, for first degree assault and possession of a firearm during the commission of a felony because defendant's appeal was wholly without merit and devoid of any arguably appealable issue.

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Whitehair v. State, No. 538, 2005, SUPREME COURT OF DELAWARE, February 6, 2006, Decided
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Overview: Defendant's motion to correct a claimed illegal sentence was untimely under Del. Super. Ct. R. Crim. P. 35(b); even if a motion to modify sentence was not untimely it was not an abuse of discretion to have denied it where defendant's new charges supported a finding that he was not amenable to probation.

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