Matter of Harris

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IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE MATTER OF THE PETITION OF MICHAEL A. HARRIS FOR A WRIT OF HABEAS CORPUS § § No. 307, 2008 § § Submitted: July 3, 2008 Decided: July 23, 2008 Before HOLLAND, BERGER and JACOBS, Justices ORDER This 23rd day of July 2008, it appears to the Court that: (1) On June 19, 2008, the petitioner, Michael A. Harris, filed a petition for a writ of habeas corpus in this Court. On June 23, 2008, the Clerk of the Court issued a notice to Harris to show cause why his petition should not be dismissed for this Court s lack of original jurisdiction to issue a writ of habeas corpus.1 (2) On July 3, 2008, Harris filed his response to the notice to show cause. In his response, Harris states that he filed the instant petition because his earlier motions for sentence reduction were unsuccessful. 1 In re Cantrell, 678 A.2d 525, 526 (Del. 1996). (3) The Delaware Constitution does not confer original jurisdiction upon this Court to hear petitions for writs of habeas corpus.2 Harris petition for a writ of habeas corpus must, therefore, be dismissed. NOW, THEREFORE, IT IS ORDERED that the within petition is DISMISSED. BY THE COURT: /s/ Carolyn Berger Justice 2 Del. Const. art. IV, § 11(6). 2

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