Banks v. State

Summary

The Delaware Supreme Court affirmed the Superior Court's March 19, 2026 finding that Darrell Banks violated probation and the resulting sentence, granting the State's motion to affirm on the opening brief and the record. The court held that Banks waived his right to a contested VOP hearing by admitting, after counsel explained his options on the record, that he missed curfew, and that the admission was sufficient to support revocation. It held that conditioning release from Level V incarceration on completion of a treatment program did not violate Tapia, because that ruling rests on the federal Sentencing Reform Act and Banks was sentenced under the Delaware Criminal Code. It also held that the nine-month reduction in his Level V term accounted for the roughly six weeks he served before the hearing, so he received the credit he claimed.