Opinion
No. 679, 2011.
02-23-2012
In the Matter of the Petition of Maurice J. WILLIAMS for a Writ of Mandamus.
ORDER
HENRY duPONT RIDGELY, Justice.
This 23rd day of February 2012, upon consideration of the petition of Maurice Williams for an extraordinary writ of mandamus and the State's motion to dismiss, it appears to the Court that:
(1) The petitioner, Maurice Williams, seeks to invoke the original jurisdiction of this Court to issue a writ of mandamus directing the Superior Court to modify his sentence for second degree robbery to remove the condition, issued pursuant to 11 Del. C. § 4204(k), prohibiting Williams from earning any good time on his sentence. Williams also asks this Court to direct the Superior Court to order the Department of Correction (DOC) to credit all the good time he should have earned on his sentence since 1999. The State of Delaware has filed a response and motion to dismiss Williams' petition. After careful review, we find that Williams' petition manifestly fails to invoke the original jurisdiction of this Court. Accordingly, the petition must be DISMISSED.
(2) The record reflects that, on January 19, 2011, the Superior Court issued a corrected sentencing order modifying Williams' second degree robbery sentence effective January 15, 1999 to delete the mandatory sentencing provision of 11 Del. C. § 4204(k). Accordingly, Williams' request for a writ of mandamus directed to the Superior Court to remove this provision is moot.
(3) Moreover, to the extent Williams asks this Court to direct the DOC to credit him with good time, the Court's jurisdiction to issue an extraordinary writ is limited to instances when the respondent is a court or judge thereof. To the extent Williams is requesting this Court to direct the Superior Court to order the DOC to credit him with good time, Williams has another adequate remedy through a mandamus proceeding in the Superior Court.
In re Hitchens, 600 A.2d 37, 38 (Del.1991).
See Del.Code Ann. tit. 10, § 564 (1999) (governing mandamus actions in the Superior Court). See also Canaday v. Superior Court, 116 A.2d 678, 682 (Del.1955) (holding that the Supreme Court will not issue an extraordinary writ if the petitioner has another adequate and complete remedy at law).
--------
NOW, THEREFORE, IT IS ORDERED that Williams' petition for a writ of mandamus is DISMISSED.