Supreme Court of Delaware

McCreary v. State

October 24, 2016

Summary

The Court affirmed the Superior Court’s denial of McCreary’s motion seeking an order requiring the Department of Correction to place him in a substance-abuse program during the first three years of his six-year Level V sentence. Treating the requested relief as mandamus, the Court held that McCreary had not shown a clear right to the requested placement because inmate placement and program sequencing remain within the Department’s discretion.