Kamalski v. State

In Kamalski v. State, 429 A.2d 1315, 1318 (Del. Super. 1981), the court addressed the concern that a delay in bringing an action to revoke a person's license may result in a violation of due process of law. Id. at 1319. The court explained that such a delay violates the due process clause, if the Respondent shows "that this delay resulted in actual prejudice to the defendant, or was an intentional device by the State to gain a tactical advantage over the accused, or was brought solely to harass the accused." Id. The court opined that the respondent's due process rights were not violated because the respondent failed to show that the State's delay in bringing a habitual offender proceeding against him was unduly prejudiced, harassed him or was delayed to gain some advantage by the State.