In the Matter of the Petition of Paul E. Weber

Summary

The Delaware Supreme Court dismissed Paul E. Weber’s petition for a writ of mandamus seeking to require the Superior Court to allow a challenge to his 2001 Forgery in the Second Degree conviction under Superior Court Criminal Rule 35(a). The Court held that Weber had not shown a clear right to performance of a duty, an arbitrary refusal by the Superior Court, or the absence of an adequate appellate remedy. The State’s motion to dismiss was granted.

Holdings

1. Mandamus was unavailable because Weber did not establish a clear right to the requested relief, the Superior Court's arbitrary refusal or failure to perform a duty, or the absence of another adequate remedy.

Questions Presented

1. Whether the Delaware Supreme Court should issue a writ of mandamus directing the Superior Court to permit Weber to challenge his Forgery in the Second Degree conviction under Superior Court Criminal Rule 35(a).
2. Whether mandamus is available when the petitioner had an adequate remedy through the ordinary appellate process but failed to pursue it.

Disposition

dismissed