STATE v. BARNES

No. 52, 2014.

116 A.3d 883 (2015)

STATE of Delaware, Plaintiff-Below, Appellee/Cross-Appellant, v. Jeffrey W. BARNES, Defendant-Below, Appellant/Cross-Appellee.

Supreme Court of Delaware.

Decided: June 2, 2015.


Attorney(s) appearing for the Case

Elizabeth R. McFarlan, Esquire , Sean P. Lugg, Esquire (argued), Karen V. Sullivan, Esquire , Kathryn J. Garrison, Esquire , State of Delaware Department of Justice, Wilmington, Delaware, for the State of Delaware.

Robert H. Robinson, Jr., Esquire , Bernard J. O'Donnell, Esquire (argued), Office of Public Defender, Wilmington, Delaware, for Jeffrey W. Barnes.

Before STRINE, Chief Justice; HOLLAND, VALIHURA, VAUGHN, and SEITZ, Justices, constituting the Court en banc.


I. INTRODUCTION

This appeal involves a single question: whether the provisions of the Truth In Sentencing Act of 1989 (the "TIS Act") that indisputably abolished parole as to Title 11 and Title 16 of the Delaware Code also apply to felony DUI offenses imposed under § 4177 of Title 21. If the answer to that question...

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