Petition of Hovey
| Court | United States State Supreme Court of Delaware |
| Writing for the Court | Before CHRISTIE; HOLLAND |
| Citation | 545 A.2d 626 |
| Decision Date | 29 June 1988 |
| Parties | In the Matter of the Petition of Michael C. HOVEY for a Writ of Prohibition. . Submitted: |
Page 626
of Prohibition.
Decided: July 19, 1988.
Jerome O. Herlihy, of Herlihy & Wier, Wilmington, for petitioner.
Richard E. Fairbanks, Jr., Deputy Atty. Gen., Wilmington, for respondent.
Before CHRISTIE, C.J., and WALSH and HOLLAND, JJ.
HOLLAND, Justice:
This matter comes before the Court as result of the petition of Michael C. Hovey ("Hovey") for a writ of prohibition. Hovey has applied to this Court for a writ prohibiting the Superior Court from trying him on a number of drug-related offenses. Hovey asserts that the federal constitutional bar against double jeopardy and the provisions of a State statute preclude his pending trial in the Superior Court. 1 We have concluded that this Court should not issue a writ of prohibition in this case based upon the record presented.
Facts
On December 15, 1985, Hovey was taken into custody by both Delaware and federal law enforcement authorities. On January 7, 1986, Hovey was indicted in the United States District Court for the District of Delaware and charged with six counts of drug-related offenses and two counts of using a telephone communication to facilitate distribution of drugs. On February 5, 1986, pursuant to a plea agreement, Hovey pled guilty to two counts of manufacturing and distributing 3-methylfentanyl in exchange for the federal government dismissing the remaining counts of the indictment.
On March 5, 1986, Hovey was sentenced to two consecutive nine-year terms of imprisonment. Immediately thereafter, he began serving those sentences. On November 24, 1987, the U.S. District Court of Delaware vacated Hovey's convictions and sentences. United States v. Hovey, 674 F.Supp. 161 (D.Del.1987). The basis for that decision was a finding that the U.S. District Court lacked subject matter jurisdiction to convict Hovey on those offenses to which he had pled guilty. Id. at 162.
On January 6, 1988, Hovey was indicted by the State of Delaware. Hovey is charged with the manufacture, delivery, trafficking and possession with the intent to deliver 3-methylfentanyl and methamphetamine, and the possession of a deadly weapon during the commission of a felony. The allegations in the State indictment involve the same conduct that had originally been thought to constitute violations of federal law.
In February and March 1988, Hovey filed numerous motions to dismiss the State's indictment and motions for discovery, disclosure of the grand jury testimony, suppression of evidence and leave to file additional pretrial motions. The Superior Court denied all of Hovey's motions. The only decision at issue in the proceeding before this Court is the Superior Court's denial of Hovey's motion to dismiss the State's indictment on the grounds of double jeopardy.
Appellate Criminal Jurisdiction
This Court's jurisdiction to review Superior Court proceedings on appeal in criminal matters is limited to cases in which a final judgment has been rendered. Del. Const. art. IV, § 11(1)(b). For the purpose of appeal to this Court, a criminal proceeding becomes final on the date the sentence is imposed by the trial judge. Eller v. State, Del.Supr., 531 A.2d 948, 950 (1987). The Superior Court's denial of Hovey's motion to dismiss the indictment constitutes an interlocutory ruling in a criminal proceeding. Since this Court does not
Page 628
have jurisdiction to receive an interlocutory appeal in a criminal case, a writ of prohibition may not be used to accomplish indirectly what may not be done directly. Hodsdon v. Superior Court, Del.Supr., 239 A.2d 222, 224-25 (1968); Steigler v. Superior Court, Del.Supr., 252 A.2d 300, 302-03, cert. denied, 396 U.S. 880, 90 S.Ct. 160, 24 L.Ed.2d 139 (1969). That is, it may not be used to circumvent the constitutional limitation on the appellate jurisdiction of this Court to review only those criminal proceedings which have become final. Hodsdon v. Superior Court, 239 A.2d at 224.Writ of Prohibition
Therefore, we must examine the original jurisdiction of this Court to issue a writ of prohibition as it exists independent of this Court's appellate jurisdiction. See Del. Const. art. IV, § 11(6); Supr.Ct.R. 43. The writ of prohibition is of ancient origin. Originally, writs of prohibition were issued out of the Court of King's Bench of England, which corresponds to the Supreme Court of this State. Fouracre v. White, Del.Supr., 102 A. 186, 191 (1917). The purpose of a writ of prohibition is to keep particular courts within the limits of their own jurisdiction. Id. "[T]he writ of prohibition at law, though known as an 'extraordinary remedy', is in effect ... the legal equivalent of the equitable remedy of injunction." Abrahams v. Superior Court, Del.Supr., 131 A.2d 662, 670-71 (1957). "[I]t is directed ... to a court, not to an individual, and it is used only in cases where a jurisdictional question is presented." Id. at 671. The Rules of this Court permit the trial judge to appear and participate in prohibition proceedings at his or her discretion. Supr.Ct.R. 43(b)(ii). 2
The writ of prohibition is designed primarily to keep the administration of justice in...
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Petition of B & F Towing and Salvage Co., Inc., No. 244
...to a court, not to individuals, and it is only considered upon presentation of jurisdictional issues. In Re Petition of Hovey, Del.Supr., 545 A.2d 626 (1988) (quoting Abrahams v. Superior Court, Del.Supr., 131 A.2d 662, 671 (1957)). Hence, a writ of prohibition "prevents the unwarrante......
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Petition of Wittrock, No. 401
...case in which the judge is clearly disqualified by reason of personal interest, bias or prejudice. Supr.Ct.R. 43; In re Hovey, Del.Supr., 545 A.2d 626, 628 (1988); Matushefske v. Herlihy, 214 A.2d at 886. When this Court's original jurisdiction to issue an extraordinary writ is invoked, the......
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Wing v. State, No. 1
...prosecute a defendant for identical conduct that results in a violation of the criminal law of both jurisdictions. In re Hovey, Del.Supr., 545 A.2d 626, 629 (1988). Consequently, Wing's contention that the Superior Court lacked jurisdiction over him because federal authorities were first to......
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Maclennan v. State, No. 399
...denial of a pretrial motion to dismiss on double jeopardy grounds is not a final judgment for appeal purposes. See In re Hovey, Del.Supr., 545 A.2d 626, 627 (1988). There is no jurisdictional basis for this Court to entertain interlocutory appeals in criminal cases as there is in civil case......
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Petition of B & F Towing and Salvage Co., Inc., No. 244
...to a court, not to individuals, and it is only considered upon presentation of jurisdictional issues. In Re Petition of Hovey, Del.Supr., 545 A.2d 626 (1988) (quoting Abrahams v. Superior Court, Del.Supr., 131 A.2d 662, 671 (1957)). Hence, a writ of prohibition "prevents the unwarrante......
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Petition of Wittrock, No. 401
...case in which the judge is clearly disqualified by reason of personal interest, bias or prejudice. Supr.Ct.R. 43; In re Hovey, Del.Supr., 545 A.2d 626, 628 (1988); Matushefske v. Herlihy, 214 A.2d at 886. When this Court's original jurisdiction to issue an extraordinary writ is invoked, the......
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Wing v. State, No. 1
...prosecute a defendant for identical conduct that results in a violation of the criminal law of both jurisdictions. In re Hovey, Del.Supr., 545 A.2d 626, 629 (1988). Consequently, Wing's contention that the Superior Court lacked jurisdiction over him because federal authorities were first to......
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Maclennan v. State, No. 399
...denial of a pretrial motion to dismiss on double jeopardy grounds is not a final judgment for appeal purposes. See In re Hovey, Del.Supr., 545 A.2d 626, 627 (1988). There is no jurisdictional basis for this Court to entertain interlocutory appeals in criminal cases as there is in civil case......