Background
Ben Roten appealed from a Delaware Superior Court order denying his motion to compel the return of good time that he had forfeited. The Superior Court entered that order on January 28, 2026.
On appeal, Roten also raised arguments that he had not presented to the Superior Court. Delaware Supreme Court Rule 8 generally limits appellate review to questions fairly presented to the trial court, while permitting review of an unpreserved question when the interests of justice require it.
The Court’s Holding
The Delaware Supreme Court affirmed the Superior Court’s judgment on the basis of, and for the reasons stated in, the January 28, 2026 order denying Roten’s motion to compel restoration of his forfeited good time.
The court also declined to consider Roten’s newly raised appellate arguments. It found no plain error that would justify reviewing issues presented for the first time on appeal.
Key Takeaways
- The denial of Roten’s motion to restore forfeited good time was affirmed.
- The Supreme Court adopted the reasoning of the Superior Court’s January 28, 2026 order.
- Arguments not fairly presented below generally will not be considered on appeal absent plain error or another basis under Rule 8.
Why It Matters
The order underscores the importance of preserving arguments in the trial court. A litigant who raises an issue for the first time on appeal cannot ordinarily obtain review without showing a sufficient basis for the appellate court to depart from its preservation rule.