MARVEL v. CARROLL, 850 A.2d 302 (Del. 2004)

LARRY D. MARVEL, Petitioner Below-Appellant, v. THOMAS CARROLL, Respondent Below-Appellee.

No. 427, 2003.Supreme Court of Delaware.Submitted: March 5, 2004.
Decided: May 12, 2004.

Superior Court of the State of Delaware, in and for Sussex County, C.A. No. 03M-07-013, Cr. ID 89S00958DI.

Before HOLLAND, BERGER, and JACOBS, Justices.

ORDER
Randy J. Holland, Justice.

This 12th day of May 2004, after careful consideration of the parties’ briefs and the record below, we find it manifest that the judgment of the Superior Court should be affirmed on the basis of the Superior Court’s well-reasoned decision dated August 1, 2003. The Superior Court did not err in concluding that Marvel’s petition for a writ of habeas corpus lacked merit, because Marvel is being detained pursuant to a valid sentence imposed by the Superior Court on March 2, 1990.[*]

NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.

[*] See Hall v. Carr, 692 A.2d 888, 891 (Del. 1997) (“Unlike its federal counterpart, the writ of habeas corpus under Delaware law provides relief on a very limited basis. Habeas corpus provides an opportunity for one illegally confined or incarcerated to obtain judicial review of the jurisdiction of the court ordering the commitment.”).

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