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Delaware Supreme Court Announces Trial Courts Must First Resolve Defense Counsel’s Motion to Withdraw Before Addressing Defendant’s Plea-Withdrawal Request, Holding Failure to Do So Violates Sixth Amendment Right to Counsel
Loaded on Jan. 1, 2026
by David Kim
published in Criminal Legal News
February, 2026, page 36
Filed under:
Appointment of Counsel,
Sixth Amendment,
Counsel - Constructive denial of,
Self-representation,
Withdrawal.
Location:
Delaware.
by David Kim
The Supreme Court of Delaware held that when defense counsel moves to withdraw after a client expresses a desire to withdraw a plea, the trial court must resolve counsel’s motion before addressing the plea-withdrawal request, because plea-withdrawal proceedings are a critical stage at which the …
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More from this issue:
- Aphantasia: Why Truthful Witnesses Can Sound Like Liars, by Richard Resch
- California Supreme Court Announces Single Criminal Act Harming Multiple Victims Constitutes Only One Strike Under Three Strikes Law, by David Kim
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- Pennsylvania Supreme Court (Opinion Announcing the Judgment of the Court): No Reasonable Expectation of Privacy in Unprotected Google Searches, by David Kim
- Delaware Supreme Court Announces Trial Courts Must First Resolve Defense Counsel’s Motion to Withdraw Before Addressing Defendant’s Plea-Withdrawal Request, Holding Failure to Do So Violates Sixth Amendment Right to Counsel, by David Kim
- Supreme Court of Maryland Announces Division of Correction Must Immediately Apply Time-Served Credit Against Valid Sentences When Convictions Are Vacated and May Not Toll Execution Pending Reprosecution; New Sentences Arising From New Convictions Take, by Sagi Schwartzberg
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- NEWS IN BRIEF
More from David Kim:
- Tenth Circuit Announces Resentencing After Probation Revocation Must Begin with Chapter 7 Range, Holding Chapter 5 Range Should Be Considered When Deciding Whether to Vary, Sept. 1, 2026
- Hawaii Supreme Court Announces False Evidence Standard Governs Post-Conviction Claims That Scientific Developments Invalidated Expert Testimony, Holding Prosecution Knowledge Not Required Under State Due Process Clause, Sept. 1, 2026
- Alaska Supreme Court Announces “Stop and Clarify” Rule Under Article I, Sections 9 and 11 of Alaska Constitution, Holding Officers Must Cease Questioning and Clarify Ambiguous Post-Waiver Request for Counsel, Sept. 1, 2026
- California Supreme Court Announces Article I, Section 28(f)(3) Does Not Authorize Denial of Bail Beyond Offenses Specified in Section 12, Holding Bail Must Generally Be Set in Amount Reasonably Attainable for Defendant, Sept. 1, 2026
- Connecticut Supreme Court Holds Trial Counsel Ineffective for Failing to Challenge Misleading CSLI GeoTime Video, Sept. 1, 2026
- Michigan Supreme Court Announces Two-Step Test for Mandatory LWOP Imposed for Pre-Aaron Felony Murder, Sept. 1, 2026
- Buried in Plain Sight: How Digital Discovery Turns Disclosure Itself Into Concealment, Aug. 15, 2026
- New Jersey Supreme Court Announces Brady and Carter Materiality Standards Differ, Holding Carter’s “Probably Change the Jury’s Verdict” Test for New Trial More Stringent Than Brady’s “Reasonable Probability” Standard, Aug. 1, 2026
- Ohio Supreme Court Announces Post-Verdict Judgment of Acquittal Is Not “Final Verdict” Under R.C. 2945.67(A) and Overrules Contrary Precedent, Holding State May Appeal Such Judgment by Leave of Court of Appeals but Not as of Right, Aug. 1, 2026
- Michigan Supreme Court Holds Miranda Waiver Invalid Where LSD-Intoxicated, Hospitalized Defendant Lacked Capacity to Understand Rights Read to Him, Aug. 1, 2026
More from these topics:
- Michigan Supreme Court Announces Two-Step Test for Mandatory LWOP Imposed for Pre-Aaron Felony Murder, Sept. 1, 2026. Life without Parole (LWOP), Sixth Amendment, Constitution, state, Cause and Prejudice, Elements of Offense.
- Retroactive Guideline Amendments: The Narrow Path to a Federal Sentence Reduction, July 1, 2026. Appointment of Counsel, Career Offenders, Mandatory Minimum Sentence, 18 U.S.C. § 3582(c)(2), Guideline Amendment/Variances and Retroactivity.
- South Carolina Supreme Court Announces Formal Adoption of Fourth Circuit’s Three-Step Cheek Framework for Evaluating Improper Third-Party Contacts With Jurors Under Remmer, Reverses Murdaugh Murder Convictions, and Overrules Ethier Regarding Juror Testim, July 1, 2026. Sixth Amendment, New Trial/Judgment of Acquittal, Impartial Jury, Jury Deliberations, Juror Misconduct Issues.
- Supreme Court of Appeals of West Virginia Announces Six-Factor Test for Evaluating Presentence Motions to Withdraw Guilty Pleas Under Rule 32(e), Holds Binding Plea Agreement Does Not Extinguish Defendant’s Ability to Seek Withdrawal, July 1, 2026. Knowingly and Voluntarily Made, Withdrawal, Grounds For Withdrawal, Acceptance/Rejection by the Court, Validity of.
- California Court of Appeal Announces Defendants Who Exercise Right to Jury Trial on Aggravating Circumstances Are Entitled to Closing Argument by Counsel on Those Factors, July 1, 2026. Sixth Amendment, Counsel - Constructive denial of, Possession or Use of Firearms, Sentences - Adjustments and Departures, Grounds for Relief.
- California Supreme Court Announces Amended § 1170(b) Applies Retroactively to Plea-Bargained Upper Term Sentences, July 1, 2026. Retroactivity, Sixth Amendment, Statutory Construction/Interpretation, Grounds For Withdrawal, Validity of.
- Texas Court of Criminal Appeals Holds Grand Jury No-Bill Terminated Sixth Amendment Right to Counsel, Clarifies Frye Exception, May 1, 2026. Sixth Amendment, Confessions - Admissibility, After Request for Counsel, Police Interrogations, Voluntary Nature/Voluntariness.
- Montana Supreme Court Holds Defendant’s Sentence Must Be Vacated Where District Court Premised Sentence on Defendant’s Exercise of Constitutional Rights to Jury Trial, Silence, and Against Self-Incrimination, April 1, 2026. Fifth Amendment, Sixth Amendment, Self-Incrimination Clause, Right to Testify/Remain Silent, Acceptance of Responsibility.
- Acquitted Conduct Sentencing: Not Guilty – But Punished Anyway, March 1, 2026. U.S. Sentencing Guidelines, Federal Legislation, Fifth Amendment, Sixth Amendment, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.
- Oregon Supreme Court Announces Bright-Line Rule Requiring Dismissal Without Prejudice When State Fails to Appoint Counsel for Eligible Criminal Defendant Within 60 Days in Misdemeanor Cases or 90 Days in Felony Cases Post-Arraignment, March 1, 2026. Appointment of Counsel, Public Defenders, Indigent Defense, Constitution, state, Counsel - Right to.
