No. 40, 2003Supreme Court of Delaware.Submitted: February 11, 2003
Decided: March 19, 2003
Mandamus Dismissed.
Unpublished opinion is below.
IN THE MATTER OF THE PETITION OF KEVIN L. DICKENS FOR A WRIT OF MANDAMUS. No. 40, 2003 In the Supreme Court of the State of Delaware. Submitted: February 11, 2003 Decided: March 19, 2003
Before VEASEY, Chief Justice, WALSH and HOLLAND, Justices.
Joseph T. Walsh, Justice:
ORDER
This 19th day of March 2003, upon consideration of the petition for a writ of mandamus filed by Kevin L. Dickens, the State’s answer to the petition, the Clerk’s notice to show cause, and Dickens’ response to the notice, it appears to the Court that:
(1) Kevin L. Dickens’ petition for a writ of mandamus seeks the issuance of a writ of mandamus to the Court of Common Pleas. Dickens’ petition suffers from a fatal procedural defect and must be dismissed.
(2) A petition requesting that this Court issue a writ of mandamus to the Court of Common Pleas must “have been first presented to and denied by the Superior Court.”[*] In this case, Dickens did not seek a writ of mandamus from the Superior Court in the first instance.
NOW, THEREFORE, IT IS ORDERED that Dickens’ petition for a writ of mandamus is DISMISSED.