Supreme Court of Delaware

Kevin L. Forehand, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee — Steele, J., Dissenting

June 22, 20102010 Del. LEXIS 285

Summary

Justice Steele, joined by Justice Jacobs, dissented from the affirmance of Forehand’s conviction and habitual-offender sentence. The dissent would have held that classifying Class D Escape After Conviction as a violent felony lacked a rational connection to violence and imposed an unconstitutional mandatory minimum on nonviolent conduct. The dissent would have reversed and remanded for resentencing.