holding that Johnson does not support the claim that Delaware's habitual offender statute is unconstitutional
Summary of this case from State v. DavisNo. 475,2015
11-20-2015
Kevin L. Priest, Defendant Below–Appellant, v. State of Delaware, Plaintiff Below–Appellee.
AFFIRMED.
holding that Johnson does not support the claim that Delaware's habitual offender statute is unconstitutional
Summary of this case from State v. Davisrejecting defendant's reliance on Johnson to argue that his sentence was illegal because he was sentenced under 11 Del. C. § 4214, not the residual clause of the Armed Career Criminal Act
Summary of this case from King v. Staterejecting defendant's reliance on federal court decision to argue that his sentence was illegal because he was sentenced under Delaware state statute, not the invalidated clause of the federal Armed Career Criminal Act
Summary of this case from State v. BrownFull title:Kevin L. Priest, Defendant Below–Appellant, v. State of Delaware…
Court:Supreme Court of Delaware.
Date published: Nov 20, 2015
After reviewing the Motion, the Court entered an Order referring the Motion back to the sentencing judge to…
State v. DavisUnlike the residual clause in the ACCA, Section 4214 is not so indefinite that it runs the risk of arbitrary…