Supreme Court of Delaware

In a case where a probationer alleged due process violation and appearance of impropriety arising from alleged ex parte communications between a probation officer and a sentencing judge concerning her probation, denial of a motion for new trial and recusal following revocation of her probation are affirmed where: 1) the communications at issue were authorized by law and not ex parte as they were made in the exercise of a probation officer's duty to communicate; and 2) plaintiff did not demonstrate grounds for recusal of the sentencing judge.

Appellate Information

• Decided 04/02/2008
• Published 04/02/2008

Judges

• RIDGELY, Justice., Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en Banc.

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• Joseph M. Leager, Jr., Esquire, and Nicole M. Walker, Esquire, of the Office of the Public Defender, Wilmington, Delaware, for appellant.


• For Appellees:
  
• Timothy J. Donovan, Jr., Esquire, of the Department of Justice, Wilmington, Delaware, for appellee.