Matter of Biggins

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IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE MATTER OF THE PETITION OF JAMES ARTHUR BIGGINS FOR A WRIT OF HABEAS CORPUS. § § § § No. 403, 2008 Submitted: August 26, 2008 Decided: December 3, 2008 Before STEELE, Chief Justice, JACOBS and RIDGELY, Justices. ORDER This 3rd day of December 2008, it appears to the Court that: (1) On August 14, 2008, the petitioner, James Arthur Biggins, filed a document entitled Writ of Extraordinary Circumstances for Immediate Unlawful Confinement En Banc. With this document, Biggins sought to mov[e] this Honorable Court for an Order of relief from the unlawful confinement pursuant to Habeas Corpus. (2) On August 15, 2008, the Clerk issued a notice pursuant to Supreme Court Rule 29(b) directing that Biggins 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 Biggins response, filed on August 26, 2008, requested that this Court remand to the Superior Court. Biggins did not address the jurisdictional issue in his response. 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 Biggins Writ of Extraordinary Circumstances for Immediate Unlawful Confinement En Banc seeking a writ of habeas corpus must be dismissed. NOW, THEREFORE, IT IS ORDERED that the within petition is DISMISSED. BY THE COURT: /s/ Henry duPont Ridgely Justice 2 Del. Const. art. IV, § 11(5) (2007). 2

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