Opinion

Brown v. State

Court
Supreme Court of Delaware
Filed
Jan 20, 2017
Status
Published
On the bench
Holland J.
Cited by
0 cases

The opinion

fN TI'HE SUPREME COURT OF THE STATE OF DELAWARE

ARNOLD BROWN,l §

§

Petitioner Below, § No. 380, 2016

Appellant, §

§ Court BeloW_Family Court

v. § of the State of Delaware,

§

STATE OF DELAWARE, § Cr. Case No. 1603012146

§ Petition No. 16- 1 5 660

Respondent Below, §

Appellee. §

Submitted: December 2, 2016

Decided: January 20, 2017

Before STRINE, Chief Justice; HOLLAND, and VALIHURA, Justices.

_ORM

This 20th day of January 2017, after careful consideration of the parties’ briefs

and the record on appeal, We find it evident that the judgment of the Family Court

should be affirmed on the basis of the F amin Court’s July 14, 2016 order. The

Family Court did not err in concluding that the appellant did not qualify for

mandatory expungement under 10 Del. C. 1025 (d) and failed to meet his burden for

discretionary expungement under 10 Del. C. § 1025(e). We decline to consider facts

the appellant raises in his opening brief in support of his petition for expungement

that Were not presented to the Family Court in the first instance.2

1 The Court previously assigned pseudonyms to the parties under Supreme Court Rule 7(d).

2 Del. Supr. Ct. R. 8.

NOW, THEREFORE, IT IS ORDERED that the judgment of the Farnily

Court is AFFIRl\/[ED.

BY THE COURT:

/s/ Randy J. Holland

Justice

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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