Opinion
No. 283, 2002
Submitted: June 11, 2002
Decided: July 30, 2002
Def. ID No. 9408009291
Mandamus dismissed.
Unpublished opinion is below.
IN THE MATTER OF THE PETITION OF KEVIN S. EPPERSON FOR A WRIT OF MANDAMUS. No. 283, 2002 In the Supreme Court of the State of Delaware. Submitted: June 11, 2002 Decided: July 30, 2002
Before HOLLAND, BERGER and STEELE, Justices.
Carolyn Berger, Justice:
ORDER
This 30th day of July 2002, it appears to the Court that:
(1) On May 20, 2002, Kevin S. Epperson filed a petition for a writ of mandamus. The State filed an answer and motion to dismiss on June 11, 2002.
Epperson seeks to compel the Prothonotaries in New Castle and Sussex Counties to docket his motion for postconviction relief. Epperson complains that the Prothonotaries in both counties failed or refused to docket his postconviction motion that he mailed to them on or about April 30, 2002.
Epperson's New Castle County jury trial was presided over by a Sussex County judge.
(2) Epperson's petition for a writ of mandamus is moot. By order dated June 12, 2002, the Superior Court in Sussex County denied Epperson's motion for postconviction relief. Epperson has appealed the denial of postconviction relief to this Court.
Epperson v. State, Del. Supr., No. 350, 2002.
NOW, THEREFORE, IT IS ORDERED that Epperson's petition for a
writ of mandamus is DISMISSED as moot.