Matter of Kostyshyn
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IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE MATTER OF THE PETITION OF PETER T. KOSTYSHYN FOR A WRIT OF MANDAMUS. § § § § No. 91, 2011 Submitted: March 15, 2011 Decided: April 27, 2011 Before STEELE, Chief Justice, JACOBS and RIDGELY, Justices. ORDER This 27th day of April 2011, upon consideration of the petition for a writ of mandamus filed by Peter T. Kostyshyn and the answer and motion to dismiss filed by the State of Delaware, it appears to the Court that: (1) The petitioner, Peter T. Kostyshyn, has filed a petition for a writ of mandamus to be directed to the Superior Court regarding three criminal cases. One case concerns Kostyshyn s sister s conviction in the Court of Common Pleas.1 The other two cases concern Kostyshyn s conviction in the Court of Common Pleas, which was appealed to the Superior Court and then dismissed,2 and Kostyshyn s Superior Court conviction, which is currently the subject of a direct appeal in this Court.3 Collectively, Kostyshyn seeks mandamus relief in the form of his release 1 State v. Patricia Kostyshyn, Del. Com Pl., Cr. ID No. 0902010157. See docket at 17, State v. Peter Kostyshyn, Del. Super., Cr. ID No. 0902010151, (Feb. 10, 2011) (order dismissing). 3 See docket at 1, Peter Kostyshyn v. State, Del. Supr., No. 71, 2011, (Feb. 14, 2011) (filing appeal from Superior Court conviction and sentencing in Cr. ID No. 0908020496). 2 from prison, the appointment of counsel, and an investigation to correct miscarriages of justice and abuses and manipulations of the Courts. (2) This Court will issue a writ of mandamus to the Superior Court only if the petitioner can show that he or she has a clear right to the performance of a duty, no other adequate remedy, and that the Superior Court has arbitrarily failed or required to perform the duty.4 Kostyshyn has not demonstrated a basis for mandamus relief with respect to any of the cases referred to in his petition. NOW, THEREFORE, IT IS ORDERED that the State s motion to dismiss is GRANTED. Kostyshyn s petition for a writ of mandamus is DISMISSED. BY THE COURT: /s/ Henry duPont Ridgely Justice 4 In re Bordley, 545 A.2d 619, 620 (Del. 1988). 2
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