PETITION FOR WRIT OF HABEAS CORPUS, 03M-01-007

Full title: Petition for Writ of HABEAS CORPUS

Court: Superior Court of Delaware

Date published: Oct 22, 2003

C.A. No. 03M-01-007 (Del. Super. Ct. Oct. 22, 2003)

Opinion

C.A. No. 03M-01-007.

October 22, 2003.

Elwood M. Willis,

E. Scott Bradley, Judge.

Dear Mr. Willis:

This is my decision on your petition for a writ of habeas corpus. You pled guilty on August 7, 2002, and I sentenced you to four years at supervision level V, with credit for six months served, on the charge of Attempted Robbery in the Second Degree. The level V portion of your sentence was suspended for 12 months at supervision level IV for the CREST program, followed by two years at supervision level III. You also pled guilty to three other charges and were sentenced on them.

I found you in violation of your probation on April 4, 2003, and I resentenced you to three years and six months at supervision level V on the charge of Attempted Robbery in the Second Degree. The level V portion of your sentence is to be suspended upon your successful completion of the Key Program for two years at supervision level III. You filed an appeal of my sentencing order with the Supreme Court, which is still pending, and a petition for a writ of habeas corpus with the Superior Court, which is, by its nature, a civil proceeding. Your petition for a writ of habeas corpus alleges that I did not provide you with legal counsel at your violation of probation hearing.

The writ of habeas corpus provides relief on a very limited basis.¹ Habeas Corpus only provides "an opportunity for one illegally confined or incarcerated to obtain judicial review of the jurisdiction of the court ordering the commitment."² Habeas Corpus relief is not available to "[p]ersons committed or detained on a charge of treason or felony, the species whereof is plainly and fully set forth in the commitment."³

1 Hall v. Carr, 692 A.2d 888, 891 (Del. 1997).

2 Id.

3 10 Del. C. § 6902(1).

You are not entitled to a writ of habeas corpus because you have not even alleged, let alone proven, that I did not have the jurisdiction on August 7, 2002 to impose the sentence that you originally received for Attempted Robbery in the Second Degree, and on April 4, 2003 to reimpose the suspended portion of your sentence for Attempted Robbery in the Second Degree upon my finding that you had violated your probation. Therefore, your petition for a writ of habeas corpus is denied.

IT IS SO ORDERED.