In the Matter of the Petition of Marvin L. Brown, Sr. for a Writ of Habeas Corpus

• Court: Supreme Court of Delaware
• Decided: August 14, 2025
• Docket: 301, 2025
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

IN THE MATTER OF THE § PETITION OF MARVIN L. § No. 301, 2025 BROWN SR. FOR A WRIT OF § HABEAS CORPUS §

Submitted: July 31, 2025 Decided: August 14, 2025

Before VALIHURA, TRAYNOR, and LEGROW, Justices.

ORDER

This 14th day of August 2025, having considered the notice to show cause

and the petitioner’s response, it appears to the Court that:

(1) The petitioner, Marvin L. Brown Sr., filed a petition for a writ of habeas

corpus in this Court. The Clerk issued a notice directing Brown to show cause why

his petition should not be dismissed for this Court’s lack of jurisdiction to issue a

writ of habeas corpus.

(2) In his response to the notice to show cause, Brown addresses the merits

of his petition but does not address this Court’s lack of jurisdiction. This Court has

no original jurisdiction to issue a writ of habeas corpus.1 Brown’s petition

manifestly fails on its face to invoke this Court’s original jurisdiction, and it must be

dismissed.

1 Del. Const. art. IV, § 11(5); 10 Del. C. § 6901; In re Cantrell, 678 A.2d 525, 526 (Del. 1996). NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rule 29(b),

that the petition for a writ of habeas corpus is DISMISSED.

BY THE COURT:

/s/ Gary F. Traynor Justice