Opinion
No. 286, 2001
Decided: January 28, 2002
Court Below-Superior Court of the State of Delaware, in and for New Castle County C.A. No. 01M-05-081
AFFIRMED.
Unpublished Opinion is below.
THOMAS L. MOORE, Defendant Below-Appellant, v. STATE OF DELAWARE, Plaintiff Below-Appellee. No. 286, 2001 Supreme Court of the State of Delaware. Decided: January 28, 2002
Court Below-Superior Court of the State of Delaware, in and for New Castle County C.A. No. 01M-05-081
Before HOLLAND, BERGER, and STEELE, Justices.
Carolyn Berger, Justice:
ORDER
This 28th day of January 2002, upon consideration of the parties' briefs and the record below, it appears to the Court that:
(1) The defendant-appellant, Thomas L. Moore, filed this appeal from the Superior Court's order denying his petition for a writ of habeas corpus. Moore sought habeas corpus relief on the ground that he had been denied his right to a preliminary hearing following his arrest on several charges stemming from a single car accident that occurred on January 6, 2001. The Superior Court summarily denied Moore's petition on the ground that Moore was being legally detained.
(2) The Court has reviewed the parties' respective positions carefully. We find it manifest that the judgment of the Superior Court must be affirmed. Pursuant to Section 6902 of Title 10 of the Delaware Code, habeas corpus relief is not available to a petitioner who is "committed or detained on a charge of treason or felony, the species whereof is plainly and fully set forth in the commitment." At the time Moore filed his petition, the grand jury already had indicted him. That indictment constituted probable cause that Moore had committed the offenses for which he had been arrested. The subsequent indictment cured any alleged defect with respect to his preliminary hearing. Accordingly, we find Moore's commitment was proper on its face.
DEL. CODE. ANN. tit. 10, § 6902 (1999).
Schramm v. State, 366 A.2d 1185, 1192 (Del. 1976).
Ellegood v. State, Del. Supr., No. 104, 2001, Walsh, J. (June 26, 2001).
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.