Opinion
No. 42, 2012
02-08-2012
IN THE MATTER OF THE PETITION OF BILLY G. JOHNSON FOR A WRIT OF ERROR CORAM NOBIS
Before STEELE, Chief Justice, HOLLAND and RIDGELY, Justices
ORDER
This 8th day of February 2012, it appears to the Court that:
(1) The petitioner, Billy G. Johnson, seeks to invoke this Court's original jurisdiction to issue an extraordinary writ of error coram nobis. The State of Delaware has filed an answer requesting that Johnson's petition be dismissed. We find that Johnson's petition manifestly fails to invoke the original jurisdiction of this Court. Accordingly, the petition must be dismissed.
(2) In his petition, Johnson claims that documents "forwarded to the Supreme Court" by the Superior Court in Johnson v State, No. 641, 2011 contain "falsified information." He requests that the writ be issued directing the Superior Court to hold an evidentiary hearing to review the record, correct the record and reverse its ruling denying his motion for postconviction relief.
Johnson refers to his pending appeal from the Superior Court's denial of his third motion for postconviction relief pursuant to Superior Court Criminal Rule 61.
(3) The writ of error coram nobis, an ancient common law writ of error for the review of facts only, has been abolished in Delaware. The writ has been replaced by modern rules of procedure applicable to the opening of judgments. In Delaware, Superior Court Criminal Rule 61 is the exclusive remedy for a prisoner seeking to set aside a judgment of conviction.Because the writ of error coram nobis is not one of the extraordinary writs within the original jurisdiction of this Court, Johnson's petition must be dismissed.
In re Johnson, Del. Supr., No. 404, 2010, Berger, J. (Aug. 31, 2010).
Id.
Id.
Id.; Del. Const. art. IV, §11(5).
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NOW, THEREFORE, IT IS ORDERED that Johnson's petition for a writ of error coram nobis is DISMISSED.
BY THE COURT:
Myron T. Steele
Chief Justice