Opinion
No. 704, 2011
02-15-2012
IN THE MATTER OF THE PETITION OF DAVID BUCHANAN FOR A WRIT OF CERTIORARI
Before STEELE, Chief Justice, JACOBS, and RIDGELY, Justices.
ORDER
This 15th day of February 2012, upon consideration of David Buchanan's petition for a writ of certiorari, as well as the State's answer and motion to dismiss, it appears to the Court that:
(1) Buchanan seeks to invoke this Court's original jurisdiction to issue an extraordinary writ of certiorari directing that his criminal convictions be vacated. The State of Delaware has filed a response to Buchanan's petition and moves to dismiss. We conclude that Buchanan's petition manifestly fails to invoke the original jurisdiction of this Court and therefore must be dismissed.
(2) A writ of certiorari is an extraordinary remedy that is used to correct irregularities in the proceedings of a trial court. Certiorari is available to challenge only a final order of a trial court where the right of appeal is denied, a grave question of public policy and interest is involved, and no other basis for review is available. "Where these threshold requirements are not met, this Court has no jurisdiction to consider the petitioner's claims, and the proceedings will be dismissed."
Shoemaker v. State, 375 A.2d 431, 437 (Del. 1977).
Id. at 437-38.
In re Butler, 609 A.2d 1080, 1081 (Del. 1992).
(3) In this case, Buchanan is challenging convictions that were affirmed by this Court on direct appeal. A petitioner who has or had an adequate remedy in the appellate process may not invoke the original jurisdiction of this Court through the writ process as a means to argue issues that were or could have been considered on direct appeal. Because Buchanan has failed to establish that his petition involves a question of grave public policy and interest for which there was no other basis for review, we conclude that his petition must be dismissed.
Buchanan v. State, 981 A.2d 1098 (Del. 2009).
In re Woods, 2010 WL 2164529 (Del. May 28, 2010).
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NOW, THEREFORE, IT IS ORDERED that the petition for a writ of certiorari is DISMISSED.
BY THE COURT:
Henry duPont Ridgely
Justice