Legal Opinion

Allen v. Division of Child Support Enforcement ex rel. Ware

Supreme Court of Delaware

Decided June 13, 1990PublishedCited by 8 opinions

1Opinion of the Court

HOLLAND, Justice:

This is an appeal from the Family Court of the State of Delaware, in and for New Castle County. The sole issue before this Court is the Family Court's decision not to appoint counsel to represent an indigent incarcerated putative father, in a paternity proceeding initiated by the State.1 We hold that, under the circumstances of this case, as a matter of due process, the Family Court was required to appoint counsel for the putative father.

Facts

On December 2, 1985, the Division of Child Support Enforcement (“DCSE”), as-signee of the right of the petitioner-appel-lee, Sandra…

2Cases cited26 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Morrissey v. BrewerSupreme Court of the United States · 1972
  3. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  4. Gideon v. WainwrightSupreme Court of the United States · 1963
  5. Gideon v. WainwrightSupreme Court of the United States · 1963

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3Cited by8 opinions

  1. Stigars v. StateSupreme Court of Delaware · 1996
  2. DiSabatino v. SaliceteSupreme Court of Delaware · 1996
  3. Hartman v. StateSupreme Court of Delaware · 2007
  4. Orville v. Division of Family ServicesSupreme Court of Delaware · 2000
  5. Black v. Division of Child Support Enforcement/Aline BlackSupreme Court of Delaware · 1996

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