Opinion
No. 542, 1998.
January 26, 1999.
PETITION DISMISSED.
Unpublished Opinion is below.
IN THE MATTER OF THE PETITION FOR A WRIT OF MANDAMUS BY DANIEL L. MOORE. No. 542, 1998. In the Supreme Court of the State of Delaware. Submitted: January 20, 1999. Decided: January 26, 1999.
Before WALSH, HOLLAND, and HARTNETT, Justices.
ORDER
This 26th day of January 1999, it appears to the Court that:
(1) The petitioner Daniel L. Moore has filed a petition for a writ of mandamus pursuant to Supreme Court Rule 43. Moore requests that this Court issue a writ of mandamus to compel the Superior Court to grant his motion to proceed pro se, which was filed in that court in November 1998. Moore also requests that the Superior Court be ordered to reduce his bail.
(2) The State, as the real party in interest, has filed a motion to dismiss Moore's petition. The State contends, and the record reflects, that the Superior Court granted Moore's motion to proceed pro se on January 19, 1999. Consequently, this aspect of Moore's petition for a writ of mandamus is moot.
(3) Furthermore, the record reflects that a motion for reduction of bail was filed in the Superior Court on January 19, 1999. Clearly, Moore cannot establish that the Superior Court has arbitrarily failed or refused to act on his recently-filed motion for reduction of bail. See In re Hyson, Del. Supr., 649 A.2d 807, 808 (1994). Accordingly, a writ of mandamus to compel a reduction of Moore's bail is inappropriate under the circumstances.
NOW, THEREFORE, IT IS ORDERED that the State's motion to dismiss is GRANTED. Moore's petition for a writ of prohibition is DISMISSED.
BY THE COURT:
/s/ Randy J. Holland, Justice