Forehand v. State
Supreme Court of Delaware
1Opinion of the Court
BERGER, Justice,
for the majority:
In this appeal, we consider the constitutionality of a statute that classifies a “walk away” escape after conviction as a violent felony. Appellant was serving Level IV probation and failed to return to the Plum-mer Community Corrections Center after work. He was arrested one week later and returned to custody. For purposes of a constitutional analysis, the fact that appellant’s escape did not involve violence is irrelevant. Statutes are presumptively valid, and will be upheld if there is any rational basis to support the legislature’s classification. It is…
2Cases cited5 opinions
- Flemming v. NestorSupreme Court of the United States · 1960
- Harrah Independent School District v. MartinSupreme Court of the United States · 1979
- Williams v. StateSupreme Court of Delaware · 1988
- Crosby v. StateSupreme Court of Delaware · 2003
- DiStefano v. WatsonSupreme Court of Delaware · 1989
3Cited by10 opinions
- Forehand v. StateSupreme Court of Delaware · 2010
- Holmes v. StateSupreme Court of Delaware · 2014
- In Re Request for an Opinion of the Justices of the Delaware Supreme CourtSupreme Court of Delaware · 2012
- Mayo v. StateSupreme Court of Delaware · 2016
- Stanley v. StateSupreme Court of Delaware · 2011
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