Gonzalez v. Morgan

963 A.2d 138 (Del. 2008) · Supreme Court of Delaware · December 22, 2008 · No. No. 402, 2008

Summary

The Delaware Supreme Court affirmed the denial of Jose A. Gonzalez's petition for a writ of habeas corpus. The Court held that habeas corpus relief was unavailable because Gonzalez did not challenge the validity or jurisdiction of his Delaware convictions, but instead sought prospective protection from possible detention based on an arrest warrant for his brother.

Holdings

  1. Delaware habeas corpus relief is limited to judicial review of the jurisdiction of the court ordering the commitment and is unavailable to obtain prospective relief against a possible future detention based on mistaken identity.

Questions Presented

  1. Whether a Delaware writ of habeas corpus could provide prospective relief preventing detention after the petitioner's sentence based on the possibility that authorities might confuse him with his brother who was the subject of an arrest warrant.
  2. Whether the Superior Court properly denied the habeas corpus petition when the petitioner did not challenge the validity of his Delaware charges or the court's jurisdiction.

Disposition

affirmed

Cases Cited (1)

  • Hall v. Carr, 692 A.2d 888, 891 (Del. 1997)(followed)

Cited In (0)

No citing cases on record yet.

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