Opinion
No. 23, 1999.
February 11, 1999.
PETITION DISMISSED.
Unpublished Opinion is below.
IN THE MATTER OF THE PETITION OF RICHIE C. HARVEY, SR. FOR A WRIT OF PROHIBITION. No. 23, 1999. In the Supreme Court of the State of Delaware. Submitted: February 5, 1999. Decided: February 11, 1999.
Before VEASEY, Chief Justice, WALSH and BERGER, Justices.
ORDER
This 11th day of February 1999, it appears to the Court that:
(1) On November 30, 1998, this Court dismissed a petition for a writ of prohibition filed by Richard C. Harvey. Harvey sought that writ of prohibition to prevent the Superior Court from proceeding with his criminal trial until he was permitted to represent himself. Harvey sought and was granted two extensions of time in which to file a motion for reargument of this Court's November 30, 1998 Order. Harvey failed to file his motion for reargument in a timely manner, and his case before this Court was closed on January 13, 1999. Furthermore, the Superior Court docket reflects that Harvey, appearing pro se, was convicted by a Superior Court jury of misdemeanor criminal mischief on January 26, 1999.
See In re Harvey, Del. Supr., No. 449, 1998, Veasey, C.J. (Nov. 30, 1998) (ORDER).
(2) Harvey filed his present petition for a writ of prohibition on January 19, 1999. His present petition is an undisguised attempt to reargue this Court's dismissal of his earlier petition. The State, as the real party in interest, has filed a motion to dismiss Harvey's latest petition.
(3) A writ of prohibition is the legal equivalent of the equitable remedy of injunction and may be issued to prevent a lower court from exceeding the limits of its jurisdiction. Harvey's petition in this case manifestly fails to invoke the original jurisdiction of this Court. His petition does not request any relief directed to a lower court, but instead merely seeks to reargue an earlier ruling of this Court. A writ of prohibition is an inappropriate means to seek reargument of an order of this Court.
In re Hovey, Del. Supr., 545 A.2d 626, 628 (1988).
NOW, THEREFORE, IT IS ORDERED that Harvey's petition for a writ of prohibition is DISMISSED.
BY THE COURT:
/s/ E. NORMAN VEASEY, Chief Justice