Matter of Weber

Summary

The Court dismissed Weber’s petition for a writ of mandamus seeking to compel the Superior Court to permit a challenge to his Forgery in the Second Degree conviction under Superior Court Criminal Rule 35(a). Weber failed to show an arbitrary refusal by the Superior Court to perform a duty, and he had an adequate appellate remedy because he could have appealed the order denying relief. The Court therefore held that mandamus could not substitute for a properly filed appeal.