No. 571, 1999.Supreme Court of Delaware.Submitted: December 7, 1999.
Decided: December 20, 1999.
MANDAMUS DISMISSED.
Before HOLLAND, HARTNETT and BERGER, Justices.
ORDER
This 20th day of December 1999, upon consideration of the petition for a writ of mandamus filed by Michael D. Johnson (“Johnson”) and the answer and motion to dismiss filed by the State of Delaware, it appears to the Court that:
(1) After a jury trial in the Superior Court, Johnson was convicted of Trafficking in Cocaine and Possession with Intent to Deliver Cocaine. Johnson was sentenced to 12 years at Level V incarceration. On direct appeal, Johnson’s convictions were affirmed.[1]
(2) Johnson was released on parole in May 1995. It appears that, in December 1997 and again in March 1998, Johnson was charged with having violated the conditions of his parole. On August 4, 1998, the Parole Board held a hearing, revoked Johnson’s parole, and ordered that Johnson serve the remainder of his sentence.
(3) In his petition in this Court, Johnson contends that the parole revocation hearing violated his constitutional right of due process. Johnson requests that this Court issue a writ of mandamus directing that the Parole Board “correct the judicial errors that were take[n] against [Johnson] on August 4, 1998.”
(4) This Court’s original jurisdiction to issue a writ of mandamus is limited to instances when the respondent is a court or a judge thereof.”[2]
“The Board of Parole is not a judicial entity, nor are its members judicial officers.”[3] This Court is without jurisdiction to issue a writ of mandamus to the Parole Board.
NOW THEREFORE IT IS ORDERED that the State’s motion to dismiss is GRANTED. Johnson’s petition for a writ of mandamus is DISMISSED.
BY THE COURT:
Maurice A. Hartnett, III Justice