Opinion
ID 2108013977 2105005834 2011000526 2103010029
03-05-2024
STATE OF DELAWARE v. IAN ALBURY
Stephen Smith, Esquire
Submitted: March 4, 2024
Stephen Smith, Esquire
ORDER
Mark H. Conner, Judge
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 hearings [a defendant's] purported ineffective assistance of counsel claim must fail.”
3) Therefore, the Court must summarily DISMISS the Motion for Postconviction Relief.
Schoolfield v. State, 73 A.3d 502 (Del. 2013)
IT IS SO ORDERED.