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In re Manis

Supreme Court of Delaware
May 22, 2002
798 A.2d 1042 (Del. 2002)

Opinion

No. 180, 2002.

Submitted: April 24, 2002.

Decided: May 22, 2002.


MANDAMUS DISMISSED.

Unpublished Opinion is below.

IN THE MATTER OF THE PETITION OF GORDON L. MANIS FOR A WRIT OF HABEAS CORPUS. No. 180, 2002 In the Supreme Court of the State of Delaware. Submitted: April 24, 2002 Decided: May 22, 2002

Before WALSH, HOLLAND and STEELE, Justices.

RANDY J. HOLLAND, Justice.

ORDER

This 22nd day of May 2002, upon consideration of the petition for a writ of habeas corpus filed by Gordon L. Manis, and the answer and motion to dismiss filed by the State of Delaware, it appears to the Court that:

(1) In October 1999, Gordon L. Manis pled guilty to Manslaughter and Driving Under the Influence. By sentencing order dated January 7, 2000, as later modified on February 17, 2000, and October 26, 2001, the Superior Court sentenced Manis to a total of 15 years imprisonment, suspended after 30 months for 7 1/2 years at Level IV home confinement, suspended after 18 months, for the balance of Level III probation. Manis was ordered to be held at Level V imprisonment pending his transfer to Level IV home confinement. This Court affirmed the Superior Court's decision not to correct or modify the sentence.

State v. Manis, Del. Super., No. 9812000028, Silverman, J.

Manis v. State, 2001 WL 1006241 (Del.Supr.).

(2) By order dated February 21, 2002, the Superior Court modified Manis' sentence to provide that he should be "held at Level III while awaiting Level IV in any program." On March 5, 2002, Manis was transferred to a Level IV facility where he is participating in the Crest program.

(3) In his petition for a writ of habeas corpus, Manis seeks his "release . . . to Level III until home confinement is available." Manis' petition, however, must be dismissed. This Court has no original jurisdiction to issue a writ of habeas corpus.

In re Cantrell, 678 A.2d 525, 526 (Del. 1996).

(4) To the extent Manis seeks the issuance of a writ of mandamus or a writ of prohibition, his petition fails on its face to invoke this Court's original jurisdiction. Neither a writ of mandamus nor a writ of prohibition will issue if the petitioner has another adequate remedy at law. Manis could have filed an appeal from the February 21, 2002 sentence modification order, but he did not. Manis cannot now use the extraordinary writ procedure as a substitute for the regular avenue of appellate review.

In his habeas corpus petition, Manis "prays this Supreme Court will issue a writ of habeas corpus, mandamus, prohibition or whatever remedy is available to place Manis `immediately' at the home confinement this Court affirmed."

In re Bordley, 545 A.2d 619, 620 (Del. 1988); In re Hovey, 545 A.2d 626, 628 (Del. 1988).

In re Barbee, 693 A.2d 317, 319 (Del. 1997).

NOW, THEREFORE, IT IS ORDERED that Manis' petition for a writ of habeas corpus is DISMISSED.


Summaries of

In re Manis

Supreme Court of Delaware
May 22, 2002
798 A.2d 1042 (Del. 2002)
Case details for

In re Manis

Case Details

Full title:IN THE MATTER OF THE PETITION OF GORDON L. MANIS FOR A WRIT OF HABEAS…

Court:Supreme Court of Delaware

Date published: May 22, 2002

Citations

798 A.2d 1042 (Del. 2002)