Supreme Court of Delaware
Dana Fuller, Defendant-Below, Appellant v. State of Delaware, Plaintiff-Below, Appellee — Valihura, J., Dissenting
October 21, 20142014 Del. LEXIS 504
Summary
Justice Valihura, joined by Judge Davis, dissented from the majority's interpretation of Delaware's juvenile-expungement statute. The dissent concluded that the statute's plain language treats an adult conviction resulting from any separate and distinct offense, including Title 21 traffic violations, as a potential bar to expungement. Because the perceived harshness of that result must be addressed by the legislature rather than through judicial modification of clear statutory text, the dissent would affirm the decision below.