Izzy Whitehurst, Below v. State of Delaware, Below

Summary

The court affirmed Whitehurst's convictions, holding that the State's subpoena and use of his recorded prison telephone calls were reasonable under the applicable two-part test. The State had substantial interests in investigating an unidentified co-defendant and suspected witness tampering, and its collection of the calls was no greater than necessary. The court also rejected Whitehurst's First Amendment challenge to the monitoring and collection of the calls.