Drake v. State
Drake v. State
Opinion
IN THE SUPREME COURT OF THE STATE OF DELAWARE
DANIEL DRAKE, 1 § § No. 352, 2015 Petitioner Below- § Appellant, § § v. § Court Below—Family Court § of the State of Delaware, STATE OF DELAWARE, § in and for Kent County § File No. 0605019417 Respondent Below- § Pet. No. 15-08153 Appellee. §
Submitted: December 18, 2015 Decided: December 21, 2015
ORDER
This 21st day of December 2015, it appears to the Court that the State
has filed a motion to remand this matter to the Family Court to allow the
Family Court to reconsider the appellant’s motion for expungement of a
2006 criminal charge, which was later dismissed. The State asserts that the
Family Court should be permitted to reconsider the appellant’s petition in
light of the Superior Court’s subsequent decision granting expungement of
other criminal offenses from the appellant’s record. The appellant consents
to the remand. Under the circumstances, the Court finds that the matter
should be remanded to the Family Court, in the interests of justice.
1 The Court previously assigned a pseudonym to the appellant under Supreme Court Rule 7(d). NOW, THEREFORE, IT IS ORDERED that the unopposed motion to
remand is GRANTED. This matter is hereby REMANDED to the Family
Court for further proceedings consistent with this Order. Jurisdiction is not
retained.
BY THE COURT:
/s/ Collins J. Seitz, Jr. Justice
2
Reference
- Status
- Published