Supreme Court of Delaware, 2022

In the Matter of the Petition of Alton Cannon for a Writ of Habeas Corpus

In the Matter of the Petition of Alton Cannon for a Writ of Habeas Corpus
Supreme Court of Delaware · Decided November 9, 2022 · Vaughn, J.

In the Matter of the Petition of Alton Cannon for a Writ of Habeas Corpus

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE MATTER OF THE § PETITION OF ALTON § No. 331, 2022 CANNON FOR A WRIT OF § HABEAS CORPUS § Submitted: October 26, 2022 Decided: November 9, 2022 Before VALIHURA, VAUGHN, and TRAYNOR, Justices.

ORDER After careful consideration of the notice to show cause and the appellant’s response, it appears to the Court that: (1) On September 13, 2022, the appellant, Alton Cannon, filed in this Court a petition for a writ of habeas corpus, seeking to be removed from the Delaware Sex Offender Registry. The Senior Court Clerk issued a notice directing Cannon 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. Cannon has filed a response to the notice to show cause but does not address the jurisdictional issue raised in the notice.

(2) It is well-settled that this Court has no original jurisdiction to issue a writ of habeas corpus.1 Accordingly, Cannon’s petition manifestly fails on its face to invoke the original jurisdiction of the Court, and it must be dismissed.

In re Cantrell, 678 A.2d 525, 526 (Del. 1996); 10 Del. C. § 6901.

NOW, THEREFORE, IT IS HEREBY ORDERED, under Supreme Court Rule 29(b), that the petition for a writ of habeas corpus is DISMISSED.

BY THE COURT:

/s/ James T. Vaughn, Jr. Justice

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