In the Matter of the Petition of Isaias R. Ortiz for a Writ of Mandamus

Summary

The Delaware Supreme Court dismissed Isaias R. Ortiz’s petition for a writ of mandamus seeking to require the Superior Court to decide his motion to correct an illegal sentence without awaiting additional information about a prior New York conviction. The Court held that the Superior Court acted within its discretion in granting the State additional time and that Ortiz failed to establish the requirements for mandamus relief.

Holdings

1. Mandamus was unavailable because Ortiz did not establish a clear right to immediate performance, the absence of another adequate remedy, or an arbitrary failure or refusal by the Superior Court to act.

Questions Presented

1. Whether Ortiz was entitled to a writ of mandamus directing the Superior Court to decide his motion to correct an illegal sentence before the State submitted additional records concerning his prior New York conviction.
2. Whether the Superior Court's grants of additional time to the State constituted an arbitrary failure or refusal to perform a judicial duty.

Disposition

dismissed