Matter of Brown

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IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE MATTER OF THE PETITION OF MARQUIS BROWN FOR A WRIT OF HABEAS CORPUS § § No. 70, 2007 § § Submitted: March 8, 2007 Decided: March 28, 2007 Before STEELE, Chief Justice, HOLLAND and BERGER, Justices ORDER This 28th day of March 2007, it appears to the Court that: (1) On February 13, 2007, the petitioner, Marquis Brown, filed a petition for a writ of habeas corpus in this Court. On February 15, 2007, the Clerk of the Court issued a notice to Brown to show cause why his petition should not be dismissed for this Court s lack of original jurisdiction to issue a writ of habeas corpus.1 (2) On March 8, 2007, Brown filed his response to the notice to show cause. In his response, he appears to argue that this Court does have original jurisdiction to hear a petition for a writ of habeas corpus. 1 In re Cantrell, 678 A.2d 525, 526 (Del. 1996). (3) The Delaware Constitution does not confer original jurisdiction upon this Court to hear petitions for writs of habeas corpus.2 Brown s petition for a writ of habeas corpus must, therefore, be dismissed. NOW, THEREFORE, IT IS ORDERED that the within petition is DISMISSED. BY THE COURT: /s/ Randy J. Holland Justice 2 Del. Const. art. IV, § 11(6). 2

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