Dustin Clinton Delp v. Commonwealth of Virginia, 843 S.E.2d 758

Dustin Delp was indicted on multiple felonies; the court appointed counsel in October 2018.
On March 18, 2019 Delp told the court he wanted new counsel and a jury trial; the court denied the request but granted a jury trial date and instructed defense counsel to share notes and follow up on witnesses identified by Delp.
The parties later entered a written plea agreement; on July 16, 2019 Delp pled no contest/guilty to three charges and the court conducted a plea colloquy in which Delp acknowledged he understood the rights he was waiving, including appeal, and said he was satisfied with counsel.
The court accepted the pleas, found them knowing, voluntary, and intelligent, imposed sentence, and revoked portions of previously suspended sentences.
Delp appealed arguing the trial court erred by not conducting a sufficient, specific inquiry into his March 18 request for new appointed counsel; the Commonwealth argued Delp’s plea waived the issue.
The Court of Appeals held Delp’s pleas waived his appellate claim and affirmed; it discussed recent U.S. Supreme Court cases (Class and Garza) but concluded waiver controlled here because Delp’s colloquy admissions contradicted his appellate claim.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Delp’s guilty/no-contest pleas waived his right to appeal the trial court’s denial of his request for new appointed counsel	Delp: plea should not bar review because the trial court failed to make a sufficient, specific inquiry into his request for new counsel	Commonwealth: Delp’s plea and plea colloquy knowingly and voluntarily waived appellate rights, so the claim is waived	Waived — plea and colloquy admissions preclude the claim; judgment affirmed
Whether the trial court adequately inquired into and resolved Delp’s March 18 request for new appointed counsel	Delp: the court failed to conduct a sufficient, specific inquiry before denying new counsel	Commonwealth: the court addressed Delp’s complaints, directed counsel to share information, and reasonably denied substitution	Merits not reached — appellate review barred by plea waiver; court found claim inconsistent with plea colloquy admissions

Class v. United States, 138 S. Ct. 798 (2018) (guilty plea does not always bar direct appeal of claims that challenge government’s authority to prosecute; plea admissions can still waive claims)
Garza v. Idaho, 139 S. Ct. 738 (2019) (counsel ineffective for failing to file notice of appeal when defendant requests it despite an appeal waiver; some appellate rights survive waivers)
Broce v. United States, 488 U.S. 563 (1989) (guilty plea admissions may bar contradictory claims)
Roe v. Flores-Ortega, 528 U.S. 470 (2000) (counsel deficient for failing to file notice of appeal when requested; prejudice may be presumed)
Terry v. Commonwealth, 30 Va. App. 192 (1999) (Virginia rule treating unconditional guilty pleas as waiving non-jurisdictional antecedent errors)