Opinion
No. 138, 2003.
Submitted: March 25, 2003.
Decided: April 8, 2003.
Appeal dismissed.
Unpublished opinion is below.
IN THE MATTER OF THE PETITION OF ALBERT JAMES BROWN FOR A WRIT OF HABEAS CORPUS. No. 138, 2003. Supreme Court of Delaware. Submitted: March 25, 2003. Decided: April 8, 2003.
Before HOLLAND, BERGER and STEELE, Justices
Carolyn Berger, Justice:
ORDER
This 8th day of April 2003, it appears to the Court that:
(1) On March 12, 2003, this Court received the appellant's petition for a writ of habeas corpus.
(2) On March 14, 2003, the Clerk issued a notice pursuant to Supreme Court Rule 29(b) directing the appellant to show cause why the appeal should not be dismissed for this Court's lack of original jurisdiction to issue a writ of habeas corpus. The appellant filed his response to the notice to show cause on March 25, 2003, arguing that his arrest was illegal, but failing to address the jurisdictional issue.
DEL. CONST. art. IV, § 11( 6); In re Cantrell, 678 A.2d 525, 526 (Del. 1996).
(3) Because this Court lacks original jurisdiction to issue a writ of habeas corpus, this appeal must be dismissed.
NOW, THEREFORE, IT IS ORDERED that, pursuant to Supreme Court Rule 29(b), this appeal is DISMISSED.