Opinion
No. 583, 2001
Decided: January 15, 2002
Error Dismissed.
Unpublished Opinion is below.
IN THE MATTER OF THE PETITION OF WILLIAM J. WEBB, JR., FOR A WRIT OF ERROR. No. 583, 2001 Supreme Court of the State of Delaware. Decided: January 15, 2002
Before VEASEY, Chief Justice HOLLAND and STEELE, Justices.
Randy J. Holland, Justice:
ORDER
This 15th day of January 2002, upon consideration of the petition of William J. Webb, Jr., for a writ of error, and the State of Delaware's answer and motion to dismiss, it appears to the Court that:
(1) In March 2000, Webb pled guilty to Assault in the First Degree, Burglary in the First Degree and Endangering the Welfare of a Child. Webb also admitted to violating the terms of a previously imposed period of probation. Webb was sentenced in both cases in June 2000.
State v. Webb, Cr.A. No. IN99-08-0767 (Del.Super.Ct.).
(2) Webb applied for postconviction relief in August 2000. The Superior Court denied that motion in October 2000. Webb filed a second postconviction motion in October 2000. The Superior Court denied that motion in November 2000. On appeal, this Court affirmed the judgment of the Superior Court.
See Webb v. State, 2001 WL 1586877 (Del.Supr.).
(3) By order dated July 11, 2001, the Superior Court denied Webb's "Motion for Relief of Judgment or in the Alternative Motion for New Hearing." Webb's appeal from that order is currently pending as Webb v. State, No. 373, 2001. In his petition for a writ of error, Webb challenges the Superior Court's jurisdiction to issue the July 11, 2001 order.
(4) "Writs of error" have been abolished. The Supreme Court now hears "appeals" from the Superior Court in criminal cases. Webb has already filed an appeal from the Superior Court's July 11, 2001 order.
Del. Const. art. IV, § 11( 1)(b) and ( 2).
Indeed, Webb's opening brief and appendix are due to be filed in that appeal, on or before January 25, 2002.
Webb's petition for a writ of error must be dismissed as repetitive.
In re Rodriguez, 2001 WL 1334788 (Del.Supr.).
NOW, THEREFORE, IT IS ORDERED that the State's motion to dismiss is GRANTED. Webb's petition for a writ of error is DISMISSED.