Sate v. Hameen

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IN THE SUPREME COURT OF THE STATE OF DELAWARE STATE OF DELAWARE, § No. 245, 2001 § v. § Court Below: Superior Court § of the State of Delaware in and § for New Castle County ABDULLAH TANZIL HAMEEN, § Cr.A. Nos. IN91-10-0576 a/k/a Cornelius Ferguson, § and IN91-10-0579 § Defendant. § Submitted: May 24, 2001 Decided: May 24, 2001 Before VEASEY, Chief Justice, WALSH, HOLLAND, BERGER, and STEELE, Justices, constituting the Court En Banc. ORDER This 24th day of May 2001, upon consideration of the petition of North American Islamic Foundation, Inc. ( Petitioner ) seeking review of an order of the Superior Court dated May 24, 2001 denying Petitioner s motion to stay the execution of Abdullah Tanzi Hameen a/k/a Cornelius Ferguson and the State s motion to affirm, this Court concludes that the Superior Court correctly determined that Petitioner did not have standing to seek a stay of execution or otherwise appeal on behalf of the defendant. See Pennell as Next Friend of Pennell v. State, Del. Supr., No. 119, 1992, Horsey, J. (March 13, 1992) (ORDER); Whitmore v. Arkansas, 495 U.S. 149, 110 S. Ct. 1717, 1727 (1990); Gilmore v. Utah, 429 U.S. 1012 (1976); Red Dog v. State, Del. Supr., 620 A.2d 848, 853 (1993). See also United States v. Hammer, 226 F.3d 229 (2000). NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court be, and the same hereby is, AFFIRMED. BY THE COURT: s/Joseph T. Walsh Justice 2

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