Drummond v. State

Summary

The Delaware Supreme Court affirmed the Superior Court’s denial of Dallas Drummond’s motion for review or modification of sentence. The Court held that Drummond had not shown entitlement to relief under the Eighth Amendment, 11 Del. C. § 4221, or Superior Court Criminal Rule 35(b), and that the Superior Court did not abuse its discretion. The Court noted that a DOC application under 11 Del. C. § 4217 would be the proper vehicle for sentence modification based on a specific medical condition.

Holdings

1. The Superior Court did not abuse its discretion by denying Drummond's motion for sentence review or modification.
2. Drummond was not entitled to sentence reduction under the Eighth Amendment based on his COVID-19-related concerns because the authorities he relied on addressed civil liability of prison officials rather than reduction of criminal sentences.
3. Section 4221 permits, but does not require, the Superior Court to modify or reduce an eligible sentence, and the court did not abuse its discretion in finding that Drummond was not amenable to probation.
4. The Department of Correction's alleged failure to contain COVID-19 in the prison system did not provide a basis for sentence relief under Superior Court Criminal Rule 35(b).

Questions Presented

1. Whether the Superior Court abused its discretion by denying Drummond's motion for review or modification of sentence under Superior Court Criminal Rule 35(b).
2. Whether 11 Del. C. § 4221 entitled Drummond to modification or reduction of his sentence based on his asthma and the COVID-19 pandemic.
3. Whether Drummond's COVID-19-related conditions-of-confinement arguments supported sentence relief under the Eighth Amendment or Rule 35(b).

Disposition

affirmed