Kevin L. Forehand, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee

Summary

The Court upheld Delaware's classification of escape after conviction as a violent felony for habitual-offender sentencing, even when the escape involved no force or weapon. It held that the classification survives rational-basis review because an escaped convicted felon may resort to violence to avoid recapture. The Court also rejected Forehand's Eighth Amendment challenge because his eight-year sentence was not grossly disproportionate to his Class D escape committed while he remained at large for a week. Chief Justice Steele, joined by Justice Jacobs, dissented and would have held the classification irrational and remanded for resentencing.