Opinion
No. 371, 2000.
Decided: September 20, 2000.
HABEAS CORPUS DISMISSED.
Unpublished Opinion is below.
IN THE MATTER OF THE PETITION OF JOSEPH S. PACZKOWSKI FOR A WRIT OF HABEAS CORPUS. No. 371, 2000. Supreme Court of the State of Delaware. Submitted: August 15, 2000. Decided: September 20, 2000.
Before VEASEY, Chief Justice, WALSH and HOLLAND, Justices.
ORDER
This 20th day of September 2000, upon consideration of the petition for a writ of habeas corpus filed by Joseph S. Paczkowski and the answer and motion to dismiss filed by the State of Delaware, it appears to the Court that:
(1) In August 1999, Joseph S. Paczkowski entered a Robinson plea in the Superior Court to one count of Third Degree Unlawful Sexual Intercourse. Paczkowski was sentenced to 20 years imprisonment, suspended after a minimum mandatory term of 2 years for 15 years probation.
Robinson v. State, Del. Supr., 291 A.2d 279 (1972) (permitting Superior Court to accept guilty plea where guilt of offense charged is not admitted).
State v. Paczkowski, Del. Super., Cr.A. No. S99-05-0080, Stokes, J. (Aug. 19, 1999) (ORDER).
(2) Paczkowski has filed two motions for post-conviction relief. The Superior Court denied the motions in April 2000 and August 2000, respectively. In August 2000, the Superior Court also denied Paczkowski's motion to withdraw his guilty plea. Paczkowski has not filed an appeal from any of those decisions. Paczkowski has, however, filed a timely appeal from the Superior Courts August 7 denial of Paczkowskis petition for a writ of habeas in that court. The appeal is proceeding as Paczkowski v. State, Del. Supr., No. 455, 2000.
(3) On July 28, 2000, Paczkowski filed a petition for a writ of habeas corpus in this Court. Paczkowski attached to his petition a copy of the medical report of the victims physical examination. Paczkowski claims that the medical report is newly-discovered evidence that establishes his innocence. The State has filed an answer and motion to dismiss Paczkowskis habeas corpus petition for lack of jurisdiction.
(4) Under Article IV, ¶ 11( 6) of the Delaware Constitution and Supreme Court Rule 43, this Court has limited jurisdiction to issue extraordinary writs. The Court has no original jurisdiction to issue a writ of habeas corpus.
Rocker v. State, Del. Supr., 240 A.2d 141, 142 (1968).
NOW, THEREFORE IT IS ORDERED that the State's motion to dismiss is GRANTED. Paczkowksi's petition for a writ of habeas corpus is DISMISSED.