Mark Smolka, Defendant-Below, Appellant v. State of Delaware, Plaintiff-Below, Appellee

Summary

The Supreme Court of Delaware held that a defendant's voluntary failure to attend a suppression hearing waives only the defendant's right to be present, not the constitutional right to challenge allegedly unlawfully obtained evidence. The Superior Court therefore erred by treating Smolka's absence as waiver of his suppression motion, and the case was remanded for a suppression hearing without deciding the suppression issues on their merits. The court retained jurisdiction and did not reach Smolka's requested lesser-of-evils jury instruction.