Averill v. State

Summary

The Supreme Court of Delaware affirmed Averill’s sentence for violating probation. It held that his counseled admission to violating probation waived his challenge to the probation search, and that his remaining unpreserved claims failed under plain-error review. The Court also found no improper reliance on the prior judge, no error in declining Mental Health Court treatment or imposing the sentence, and no basis to conclude that Averill had completed the relevant Level V sentence.