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

Supreme Court of Delaware·Decided August 14, 2025·No. 301, 2025·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

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In the Matter of the Petition of Marvin L. Brown, Sr. for a Writ of Habeas Corpus, (Del. 2025).

In the Matter of the Petition of Marvin L. Brown, Sr. for a Writ of Habeas Corpus (In the Matter of the Petition of Marvin L. Brown, Sr. for a Writ of Habeas Corpus) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Matter of Cantrell
678 A.2d 525 (Supreme Court of Delaware, 1996)