Matter of Brown
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IN THE SUPREME COURT OF THE STATE OF DELAWARE § IN THE MATTER OF THE § PETITION OF JERON D. BROWN § FOR A WRIT OF PROHIBITION § § No. 87, 2008 Def. ID No. 0401017178 Submitted: March 5, 2008 Decided: May 13, 2008 Before STEELE, Chief Justice, BERGER and JACOBS, Justices. ORDER This 13th day of May 2008, upon consideration of the petition for a writ of prohibition filed by Jeron D. Brown and the answer and motion to dismiss filed by the State of Delaware, it appears to the Court that: (1) In March 2005, Jeron D. Brown was convicted in the Superior Court of Burglary in the Second Degree, Theft, Criminal Mischief and Receiving Stolen Property. On direct appeal, Brown s convictions were affirmed.1 (2) Brown seeks the issuance of a writ of prohibition on the basis that the Superior Court allegedly lacked jurisdiction to convict him of 1 Brown v. State, 897A.2d 748 (Del. 2006). Conspiracy in the Second Degree. Brown s petition manifestly fails to invoke the original jurisdiction of this Court.2 (3) The purpose of a writ of prohibition is to restrain a trial court from exceeding its jurisdiction.3 Brown s petition offers no basis upon which to question the Superior Court's jurisdiction. The Superior Court never asserted jurisdiction over a felony conspiracy allegation in Brown s prosecution. Nor was Brown indicted or convicted of that offense. NOW, THEREFORE, IT IS ORDERED that the State s motion to dismiss is GRANTED. Brown s petition for a writ of prohibition is DISMISSED. BY THE COURT: /s/ Jack B. Jacobs Justice 2 See Del. Const. art. IV, § 11(6) (2007) (defining Court s original jurisdiction to issue extraordinary writs); Del. Supr. Ct. R. 43 (governing exercise of Court s original jurisdiction over proceedings involving certain extraordinary writs). 3 In re Hovey, 545 A.2d 626, 628 (Del. 1988). 2
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