Matter Dickerson
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IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE MATTER OF THE PETITION OF DAVID DICKERSON FOR A WRIT OF MANDAMUS § § No. 379, 2013 § Submitted: August 2, 2013 Decided: August 23, 2013 Before BERGER, JACOBS, and RIDGELY, Justices. ORDER This 23rd day of August 2013, it appears to the Court that: (1) David Dickerson has filed a petition with this Court requesting the issuance of a writ of mandamus directing the Superior Court to correct his allegedly illegal sentence for a violation of probation (VOP). The State of Delaware has filed a response and motion to dismiss this action on the ground that Dickerson s petition manifestly fails to invoke the original jurisdiction of the Court. We agree. (2) This Court may issue a writ of mandamus to compel a lower court to perform a duty. As a condition precedent to the performance of that duty, the complainant must demonstrate a clear right to the performance of the duty, that no other remedy is available, and that the trial court has arbitrarily failed or refused to perform its duty.1 1 In re Hyson, 649 A.2d 807, 808 (Del. 1994). (3) Dickerson s petition in this case manifestly fails to invoke the original jurisdiction of the Court. Dickerson previously appealed from the Superior Court s denial of his motion for correction of his VOP sentence. We rejected Dickerson s claims on appeal and affirmed the Superior Court s judgment.2 Under the circumstances, Dickerson clearly cannot establish that he is entitled to the relief he seeks. NOW, THEREFORE, IT IS ORDERED that Dickerson s petition for a writ of mandamus is DISMISSED. BY THE COURT: /s/ Jack B. Jacobs Justice 2 Dickerson v. State, 2013 WL 1559650 (Del. Apr. 11, 2013). 2
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