Supreme Court of Delaware

McCullough v. State

May 16, 2017

Summary

The Court affirmed the Superior Court’s second-violation-of-probation sentence. It held that the record supported treating drug use at Level IV as a violation of an applicable zero-tolerance condition, that no case study was required before sentencing for a violation, and that the sentence was within statutory limits. McCullough’s transcript-dependent sufficiency challenge could not be reviewed, and his credit-time claim had to be raised first in the Superior Court.