State v. Albury

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).