Gordon v. Metzger

Summary

The Delaware Supreme Court affirmed the Superior Court’s denial of Anthony Gordon’s petition for a writ of habeas corpus. The court held that habeas relief was unavailable because Gordon did not show that the sentencing court lacked jurisdiction or that his commitment order was invalid, and he could not use habeas corpus to raise an indictment-defect claim not previously presented on direct appeal or in postconviction proceedings.

Holdings

1. Delaware habeas corpus provides relief only to obtain judicial review of the jurisdiction of the court ordering the commitment; when the commitment is regular on its face and the court clearly had subject-matter jurisdiction, habeas relief is unavailable.
2. A petitioner may not use a habeas corpus petition as a substitute for a timely appeal or as a means to seek postconviction relief.

Questions Presented

1. Whether Delaware habeas corpus relief was available to challenge an allegedly defective indictment after the petitioner had not raised the claim on direct appeal or in postconviction proceedings.
2. Whether the petitioner showed that the Superior Court lacked jurisdiction to sentence him or that his order of commitment was facially invalid.

Disposition

affirmed