Supreme Court of Delaware

Matter of MacNeil

December 18, 2018

Summary

The Court dismissed MacNeil’s petition for writs of prohibition and mandamus and granted the State’s motion to dismiss. It held that MacNeil lacked standing to seek prohibition on behalf of others, failed to show that the Superior Court exceeded its jurisdiction or arbitrarily refused to perform a duty, and received credit for all Level V time served before her violation-of-probation hearing. The Court further held that the Superior Court could make the VOP sentence effective on the sentencing date because the sentencing order credited the earlier incarceration.