Petition of Henry for Habeas Corpus, 00M-05-080-WTQ

Full title: Petition of James Henry for Habeas Corpus. State v. James M. Henry

Court: Superior Court of Delaware

Date published: May 26, 2000

C.A. No. 00M-05-080-WTQ, ID #9602014863 (Del. Super. Ct. May. 26, 2000)

Opinion

C.A. No. 00M-05-080-WTQ, ID #9602014863.

Petition Filed: May 26, 2000. Decided: June 1, 2000.

PETITION DENIED. Letter on Renewed Criminal Matter.

WILLIAM T. QUILLEN, Judge.

Gentlemen:

A notice in the file indicates you gentlemen as counsel in the above-captioned 1996 criminal case. It is a seven count indictment, six counts of which include Mr. Henry (IN 96-03-1454 through 1459).

I enclose correspondence from Mr. Henry, who is currently being held in Pennsylvania. He indicates there is a Delaware detainer. This evidently was properly issued on May 6, 1996 by means of a capias for failure to appear at case review. Mr. Henry states he signed a waiver of extradition in 1996 and now asks for habeas corpus relief and dismissal of the charges on speedy trial grounds.

The petition for habeas corpus is DENIED. IT IS SO ORDERED. Nothing indicates the capias and detainer are not facially correct and Mr. Henry is incarcerated in Pennsylvama.

I note, however, that the issue raised by Mr. Henry is not frivolous and I ask Mr. Hillis to renew his representation of Mr. Henry and communicate with his client as soon as practical. It also seems appropriate for Mr. LeTang to review the matter and determine if the State is going to proceed further with prosecution.

Your attention to this matter as soon as practical will be appreciated.