State v. Albury
This text of State v. Albury (State v. Albury) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
STATE OF DELAWARE : ID #2108013977, 2105005834, : 2011000526, 2103010029 vs. : : IAN ALBURY : :
ORDER Submitted: March 4, 2024 Decided: March 5, 2024
Now this 5th day of March, 2024, upon consideration of Mr. Albury’s Motion for
Postconviction Relief it appears to the Court:
1) The Defendant filed the instant motion stemming from a violation of
probation (VOP) hearing on April 21, 2023, at which time he was
represented by the Office of the Public Defender.
2) The Delaware Supreme Court has explained that “[b]ecause there is no
constitutional right to counsel at a VOP hearing… [a defendant’s]
purported ineffective assistance of counsel claim… must fail.”1
3) Therefore, the Court must summarily DISMISS the Motion for
Postconviction Relief.
IT IS SO ORDERED.
/s/ Mark H. Conner Judge Mark H. Conner
oc: Prothonotary cc: Stephen Smith, Esquire 1 Schoolfield v. State, 73 A.3d 502 (Del. 2013).
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State v. Albury, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-albury-delsuperct-2024.