Opinion
No. 150, 1999.
Submitted: November 16, 1999.
Decided: December 10, 1999.
Appeal from Superior Court of the State of Delaware, in and for New Castle County, C.A. No. 99M-03-051.
AFFIRMED.
Before WALSH, HOLLAND and HARTNETT, Justices
ORDER
This 10th day of December 1999, upon consideration of the appellant's opening brief and the appellees' motion to affirm, it appears to the Court that:
(1) The petitioner-appellant, Cecil Browne ("Browne"), filed this appeal from a March 22, 1999 order of the Superior Court denying his petition for a writ of habeas corpus. The State of Delaware, as the real party in interest, has moved to affirm the judgment of the Superior Court on the ground that it is manifest on the face of Browne's opening brief that the appeal is without merit. We agree and affirm.
(2) On September 11, 1998, Browne was arrested on various unlawful sexual intercourse charges and possession of a deadly weapon during the commission of a felony. On October 26, 1998, Browne was indicted on those charges and an additional charge of aggravated menacing. He was held in default of bail pending trial.
(3) In this appeal, Browne claims that: first, he was illegally detained in violation of his constitutional rights and, second, his detention was unlawful because the indictment was not handed down within 45 days of the date of his arrest. He contends the charges against him should be dismissed or, in the alternative, he should be released on unsecured bail.
(4) In Delaware, the writ of habeas corpus provides relief on a very limited basis. Habeas corpus only provides "an opportunity for one illegally confined or incarcerated to obtain judicial review of the jurisdiction of the court ordering the commitment." "Habeas corpus relief is not available to `[p]ersons committed or detained on a charge of treason or felony, the species whereof is plainly and fully set forth in the commitment.'"
(5) In this case, Browne was indicted on several felony charges and was held in default of bail on those charges. The charges were valid on their face and there were no jurisdictional defects. As such, habeas corpus relief is not available to Browne on any of his claims and the Superior Court was correct in so deciding. Moreover, the indictment was filed within 45 days of his arrest and, therefore, his claim of an untimely indictment is moot.
(6) It is manifest on the face of Browne's opening brief that the appeal from the Superior Court's March 22, 1999 order is without merit because the issues presented on appeal clearly are controlled by settled Delaware law and, to the extent that judicial discretion is implicated, clearly there was no abuse of discretion.
Supr. Ct. R. 25(a).
Superior Court Criminal Administrative Order In Re: Policy, Time Standards and Procedures Relating to Criminal Case Disposition (January 16, 1991).
Super. Ct. Crim. R. 48(b).
Hall v. Carr, Del. Supr., 692 A.2d 888, 891 (1997).
Id.
Id. (quoting 10 Del. C. § 6902(1)).
NOW, THEREFORE, IT IS ORDERED that the State's motion to affirm is GRANTED. The judgment of the Superior Court is hereby AFFIRMED.