In the Matter of Petition of Woods.
This text of 996 A.2d 795 (In the Matter of Petition of Woods.) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE MATTER OF THE PETITION OF BERNARD WOODS FOR A WRIT OF CERTIORARI.
Supreme Court of Delaware.
Before STEELE, Chief Justice, HOLLAND and RIDGELY, Justices.
ORDER
MYRON T. STEELE, Chief Justice.
This 28th day of May 2010, the Court has considered the petition for a writ of certiorari filed by the petitioner, Bernard Woods, and the answer and motion to dismiss filed by the State of Delaware. The petition for a writ of certiorari is lacking in any averments to invoke the original jurisdiction of this Court.[1] The petition appears to reargue this Court's Order of April 26, 2010 that affirmed the Superior Court's denial of the petitioner's motion for postconviction relief.[2] A petitioner who has an adequate remedy in the appellate process[3] may not use an extraordinary writ as a substitute for appellate review.[4]
NOW, THEREFORE, IT IS ORDERED that the petition for a writ of certiorari is DISMISSED.
NOTES
[1] Del. Const. art. IV, § 11(5); Del. Supr. Ct. R. 43.
[2] See Woods v. State, 2010 WL 1664008 (Del. Supr.) (affirming Superior Court's judgment).
[3] See Del. Supr. Ct. R. 18 (providing for reargument of Court's order on timely-filed and otherwise conforming motion for reargument).
[4] Matushefske v. Herlihy, 214 A.2d 883, 885 (Del. 1965).
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996 A.2d 795, 2010 Del. LEXIS 246, 2010 WL 2164529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-petition-of-woods-del-2010.