In the Matter of the Petition of Charles Duffy for a Writ of Mandamus

Summary

The Delaware Supreme Court dismissed Charles Duffy’s petition for a writ of mandamus seeking an order requiring the Department of Correction to apply statutory good-time credit. The Court held that it lacked jurisdiction to issue mandamus directly to the Department of Correction and that Duffy’s pending appeal provided an adequate remedy for claims directed to the Superior Court.

Holdings

1. The Delaware Supreme Court's original jurisdiction to issue a writ of mandamus is limited to circumstances in which the respondent is a court or judge; therefore, the Court lacked jurisdiction to issue mandamus directly to the Department of Correction.
2. A writ of mandamus directed to the Superior Court is unavailable when the petitioner has another adequate remedy through the appellate process; mandamus may not be used as a substitute for an appeal.

Questions Presented

1. Whether the Delaware Supreme Court had original jurisdiction to issue a writ of mandamus directed to the Department of Correction.
2. Whether Duffy could obtain mandamus relief directed to the Superior Court when he had a pending appeal providing an adequate remedy.
3. Whether the mandamus petition should be dismissed in light of the Department of Correction's application of the requested good-time credit and the availability of appellate review.

Disposition

dismissed