Supreme Court of Delaware

In the Matter of the Petition of Milton E. Taylor for a Writ of Mandamus

June 22, 20162016 Del. LEXIS 367

Summary

The Court granted Taylor's petition for a writ of mandamus because the Superior Court improperly concluded that a federal stay of execution deprived it of jurisdiction to docket Taylor's second postconviction motion. The federal order stayed only the execution and did not bar state-court consideration of a Rule 61 motion. The Court directed the Superior Court to vacate its refusal-to-docket order, while recognizing discretion to impose reasonable briefing limits and deadlines.