Supreme Court of Delaware

Evans v. Commissioner Coupe

August 31, 2016

Summary

The Supreme Court of Delaware affirmed the dismissal of Evans's mandamus petition as legally frivolous and denied reargument. The court held that Evans could not show that the Department of Correction had failed or refused to perform a duty because he was not entitled to additional good-time credits beyond those already used to calculate his parole-eligibility date, and the recent Department policy did not alter that result. The court granted Evans's motion to proceed in forma pauperis but cautioned that the affirmance counted as a strike under the applicable three-strikes rule.