Kirby v. State

Summary

The Delaware Supreme Court affirmed Destiny K. Kirby’s Superior Court conviction and sentence for third-offense driving under the influence of alcohol. Applying Supreme Court Rule 26(c), the Court concluded that counsel had conscientiously reviewed the record and that the appeal was wholly without merit and presented no arguably appealable issue.

Holdings

1. Counsel satisfied Rule 26(c) because counsel made a conscientious effort to examine the record and the law and properly determined that Kirby could not raise a meritorious claim on appeal.
2. Kirby's appeal was wholly without merit and devoid of any arguably appealable issue, so the Superior Court's judgment was affirmed.

Questions Presented

1. Whether appellate counsel satisfied the requirements of Delaware Supreme Court Rule 26(c) by conscientiously examining the record and law before moving to withdraw.
2. Whether the record contained any arguably appealable issue requiring adversary presentation or other appellate relief.

Disposition

affirmed