State v. Barnes

STRINE, Chief Justice:

I. INTRODUCTION

This appeal involves a single question: whether the provisions of the Truth In Sentencing Act of 1989 (the “TIS Act”) that indisputably abolished parole as to Title 11 and Title 16 of the Delaware Code also apply to felony DUI offenses imposed under § 4177 of Title 21. If the answer to that question is yes, as the State now argues, felony DUI offenders are ineligible for parole. But for nearly a generation, the judicial and administrative answer to the question has consistently been no. That is, the Superior Court and the Board of Parole have operated with…