In the Matter of the Petition of Christopher Harry West for a Writ of Habeas Corpus

• Court: Superior Court of Delaware
• Decided: May 28, 2024
• Docket: N24M-05-059 DJB
• Status: Published

Opinion

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

IN THE MATTER OF ) CIVIL ACTION NO. N24M-05-059 CHRISTOPHER HARRY WEST, ) CRIMINAL ID: 1107001026, ) 1810012384 PETITIONER ) ) v. ) ) BRIAN EMIG, ) WARDEN, H.R.Y.C.I., & ) HABEAS CORPUS PETITION ROBERT MAY, ) WARDEN, ) ) RESPONDENT. )

ORDER

This 24th day of May, 2024, upon review of the foregoing Petition for a Writ

of Habeas Corpus and the record in this case, it is the decision of the Court that the

Petition is hereby DENIED. Petitioner first petitioned for Habeas Corpus relief in

April, 2020, which was denied by Superior Court after a finding he was legally

detained.1 Petitioner again filed a Habeas Corpus Petition in July, 2023.2 Once

again, as Petitioner was still serving the same lawful sentence, the Superior Court

found Petitioner legally detained and denied that petition.3 The Delaware Supreme

1 In the Matter of the Petition of Christopher Harry West, Case No. N20M-04-030, D.I. 1. 2 In the Matter of the Petition of Christopher Harry West, Case No. N23M-07-045, D.I. 1 3 Id. at D.I. 7. Court affirmed the decision of Superior Court.4 In its denial, the Supreme Court

detailed the many filings by Petitioner challenging his conviction – all of which were

unsuccessful. Petitioner continues to be held on the same detention as he was in his

first Petition. Therefore, Petitioner remains legally detained.

The Court read and understood the admonition of the Supreme Court in its

decision affirming Superior Court’s denial of his initial Petition. The Court took the

time to “warn [Petitioner] for a final time that the Court will not continue to invest

scarce judicial resources to address his procedurally barred claims.”5 Given that this

most recent Petition was signed by Petitioner on April 23, 2024 – two (2) months

and three (3) days after the Supreme Court’s Order, any future filings of the

Petitioner will not be accepted by Superior Court Prothonotary unless it is first

approved by a Judge of Superior Court.

The Petition for Habeas Corpus relief is DENIED as frivolous.

IT IS SO ORDERED.

_________________________ Danielle J. Brennan, Judge

Original to Prothonotary

Cc: Christopher Harry West, SBI 00415857 Department of Justice

4 West v. May, 2024 WL 707261, *1 (Del.). 5 Id. at *2, ⁋8.