Opinion
No. 16, 1999.
February 1, 1999.
PETITION DISMISSED.
Unpublished Opinion is below.
IN THE MATTER OF THE PETITION OF HORACE LYNNE BRAWLEY FOR A WRIT OF PROHIBITION. No. 16, 1999. Supreme Court of Delaware. Submitted: January 20, 1999. Decided: February 1, 1999.
Before HOLLAND, HARTNETT, and BERGER, Justices.
ORDER
This 1st day of February 1999, upon consideration of the petition for a writ of prohibition filed by the petitioner, Horace Lynne Brawley ("Brawley"), and the answer and motion to dismiss filed by the State of Delaware, it appears to the Court that:
(1) In September 1998, a grand jury indicted Brawley on charges of Possession with Intent to Deliver Cocaine, in violation of 16 Del. C. § 4752; Maintaining a Dwelling for Keeping Controlled Substances, in violation of 16 Del. C. § 4755; and Possession of Drug Paraphernalia, in violation of 16 Del. C. § 4771. A motion to suppress was filed in the Superior Court on November 5, 1998. A suppression hearing is scheduled for March 2, 1999. (2) Brawley requests the issuance of a writ of prohibition directed to the Superior Court. Brawley seeks to prevent the Superior Court from proceeding with his trial until the court has ruled upon Brawley's motion for the appointment of new counsel. The Superior Court docket reflects that Brawley's motion for appointment of counsel was filed on January 11, 1999. The motion was referred to, and is currently pending before, the criminal office judge.
(3) A writ of prohibition may be issued to prevent a trial court from exceeding the limits of its jurisdiction. In re Hovey, Del. Supr., 545 A.2d 626, 628 (1988). The record reflects that Brawley was indicted by a State grand jury for offenses over which the Superior Court has jurisdiction. See Del. Const. Art. IV, § 7; see also 11 Del. C. § 2701(c). Brawley has not sustained his burden of demonstrating to this Court by clear and convincing evidence that the Superior Court is without jurisdiction to conduct his trial. See In re Hovey, 545 A.2d at 629.
NOW, THEREFORE, IT IS ORDERED that Brawley's petition for a writ of prohibition is DISMISSED.
BY THE COURT:
/s/ Maurice A. Hartnett, III, Justice