Matter of Banther
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IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE MATTER OF THE PETITION OF BRUCE R. BANTHER FOR A WRIT OF PROHIBITION. § § § § No. 249, 2011 Cr. ID No. 9705000270 Submitted: May 25, 2011 Decided: August 16, 2011 Before STEELE, Chief Justice, HOLLAND and JACOBS, Justices. ORDER This 16th day of August 2011, upon consideration of the pro se petition for a writ of prohibition filed by Bruce R. Banther and the answer and motion to dismiss filed by the State of Delaware, it appears to the Court that: (1) In 2008, Bruce R. Banther was convicted of Murder in the First Degree and Possession of a Deadly Weapon During the Commission of a Felony. Banther s convictions were affirmed on appeal.1 (2) The Court has the authority to issue a writ of prohibition to prevent a court in this State from exceeding the limits of its jurisdiction.2 In this case, Banther has been tried and convicted. Consequently, Banther s 1 Banther v. State, 977 A.2d 870 (Del. 2009). It appears from the Superior Court docket that Banther s pro se motion for postconviction relief is pending in the Superior Court. See docket at 419, State v. Banther, Del. Super., Cr. ID No. 9705000270 (July 18, 2011) (filing of defendant s reply brief to State s response to motion for postconviction relief). 2 See In re Biggins, 2003 WL 1857525 (Del. Supr.) (citing In re Hovey, 545 A.2d 626, 628 (Del. 1988)). petition for a writ of prohibition to prevent criminal proceedings against him simply comes too late and must be dismissed.3 NOW, THEREFORE, IT IS ORDERED, that the State s motion to dismiss is GRANTED. The petition for a writ of prohibition is DISMISSED. BY THE COURT: /s/ Jack B. Jacobs Justice 3 Id. 2
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