Matter of Woods

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IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE MATTER OF THE § PETITION OF BERNARD WOODS § FOR A WRIT OF CERTIORARI. § No. 273, 2010 Submitted: May 17, 2010 Decided: May 28, 2010 Before STEELE, Chief Justice, HOLLAND and RIDGELY, Justices. ORDER This 28th day of May 2010, the Court has considered the petition for a writ of certiorari filed by the petitioner, Bernard Woods, and the answer and motion to dismiss filed by the State of Delaware. The petition for a writ of certiorari is lacking in any averments to invoke the original jurisdiction of this Court.1 The petition appears to reargue this Court s Order of April 26, 2010 that affirmed the Superior Court s denial of the petitioner s motion for postconviction relief.2 A petitioner who has an adequate remedy in the appellate process3 may not use an extraordinary writ as a substitute for appellate review.4 NOW, THEREFORE, IT IS ORDERED that the petition for a writ of certiorari is DISMISSED. BY THE COURT: /s/ Myron T. Steele Chief Justice 1 Del. Const. art. IV, § 11(5); Del. Supr. Ct. R. 43. See Woods v. State, 2010 WL 1664008 (Del. Supr.) (affirming Superior Court s judgment). 3 See Del. Supr. Ct. R. 18 (providing for reargument of Court s order on timely-filed and otherwise conforming motion for reargument). 4 Matushefske v. Herlihy, 214 A.2d 883, 885 (Del. 1965). 2

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