State v. Albury

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 Schoolfield v. State, 73 A.3d 502 (Del. 2013).