Matter of Land
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IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE MATTER OF THE PETITION OF MAURICE C. LAND FOR A WRIT OF MANDAMUS. § § § § No. 205, 2003 Submitted: May 5, 2003 Decided: August 4, 2003 Before VEASEY, Chief Justice, BERGER and STEELE, Justices. ORDER This 4th day of August 2003, the Court has considered the petition for a writ of mandamus filed by Maurice C. Land and the answer and motion to dismiss filed by the State of Delaware. Land has applied to this Court for a writ of mandamus to be directed to the Board of Parole. 1 This Court is without jurisdiction to issue a writ of mandamus to the Board of Parole. This Court s original jurisdiction to issue a writ of mandamus is limited to instances when the respondent is a court or a judge. 2 The Board of Parole is not a judicial entity, nor are its members judicial officers. 3 1 In 1979, a Superior Court jury convicted Land of Burglary in the First Degree, two weapons offenses and Assault in the Third Degree. On direct appeal, this Court affirmed the Superior Court judgment. Land v. State, Del. Supr., No. 164, 1979 (Apr. 22, 1980). 2 Del. Const. art. IV, § 11(6); In re Hitchens, 600 A.2d 37, 38 (Del. 1991). 3 In re Hall, 1989 WL 27750 (Del. Supr.). NOW, THEREFORE, IT IS ORDERED that the State s motion to dismiss is GRANTED. Land s petition for a writ of mandamus is DISMISSED. BY THE COURT: /s/ Myron T. Steele Justice 2
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