Matter of Maxion
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IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE MATTER OF THE PETITION OF EDDIE LEE MAXION FOR A WRIT OF MANDAMUS § § § § No. 284, 2002 Def. ID No. 30002608DI Submitted: June 11, 2002 Decided: August 19, 2002 Before HOLLAND, BERGER and STEELE, Justices. ORDER This 19th day of August 2002, upon consideration of the petition of Eddie Lee Maxion for a writ of mandamus and the State s answer and motion to dismiss, it appears to the Court that: (1) In 1991, a Superior Court jury convicted Eddie Lee Maxion of Kidnapping in the First Degree and Unlawful Sexual Intercourse in the First Degree. Maxion s convictions were affirmed on direct appeal.1 Maxion s subsequent efforts to obtain postconviction relief were unsuccessful.2 (2) In December 2001, Maxion filed another motion for postconviction relief. The Superior Court directed the State to file a response to Maxion s 1 Maxion v. State, 1992 WL 183093 (Del. Supr.). 2 See generally Maxion v. State, 686 A.2d 148 (Del. 1996). postconviction motion. According to Maxion, the State did not file a response to Maxion s postconviction motion, as it had been directed to do. (3) By order dated March 27, 2002, the Superior Court denied Maxion s postconviction motion.3 Maxion filed an appeal from the Superior Court s denial of his postconviction motion.4 The appeal is pending a decision by this Court on the basis of the parties briefs. (4) In his petition for a writ of mandamus, Maxion complains that the State did not file a response to Maxion s postconviction motion, as it had been directed to do. Maxion seeks an Order from this Court vacating the Superior Court s denial of his postconviction motion and compelling the Superior Court to conduct an evidentiary hearing. 3 State v. Maxion, Del. Super., Cr.A. No. IN90-04-0130, Toliver, J. (Mar. 27, 2002). 4 Maxion v. State, Del. Supr., No. 220, 2002. 2 (5) Maxion may not invoke relief under a writ of mandamus while pursuing another adequate remedy to that same end.5 The claims underlying Maxion s request for mandamus relief are currently on appeal. Not only is there an adequate legal remedy for Maxion s claims, but Maxion is fully pursuing that remedy. NOW, THEREFORE, IT IS ORDERED that the motion to dismiss is GRANTED. The petition for a writ of mandamus is DISMISSED. BY THE COURT: /s/ Carolyn Berger Justice 5 In re Bordley, 545 A.2d 619, 620 (Del. 1988). 3
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