Wilson v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE JOEL C. WILSON, Petitioner BelowAppellant, v. STATE OF DELAWARE, Respondent BelowAppellee. § § § § § § § § § § § No. 374, 2001 Court Below Superior Court of the State of Delaware, in and for New Castle County C.A. No. 01M-07-068 ID No. 9911010599 Submitted: October 9, 2001 Decided: November 8, 2001 Before VEASEY, Chief Justice, WALSH, and HOLLAND, Justices. ORDER This 8th day of November 2001, upon consideration of the appellant s opening brief and the appellee s motion to affirm, it appears to the Court that: (1) The appellant, Joel Wilson, filed this appeal from the Superior Court s denial of his petition for a writ of habeas corpus. After the Superior Court denied his petition, Wilson pleaded guilty to theft and was sentenced to ninety days at Level V imprisonment. Since filing this appeal, Wilson has been released from Level V custody. (2) As a result of his release from custody, any issues presented in this appeal, irrespective of their merits, are moot.1 Thus, any decision by this Court on the issues raised would be without force or effect in this case and would constitute an impermissible advisory opinion.2 NOW, THEREFORE, IT IS ORDERED that this appeal is DISMISSED as moot. BY THE COURT: /s/ E. NormanVeasey Chief Justice 1 Hoover v. Snyder, Del. Supr., No. 148, 1995, Berger, J. (Dec. 18, 1995) (Order). 2 Sannini v. Casscells, Del. Supr., 401 A.2d 927, 930 (1979). -2-

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