Supreme Court of Delaware
IMO Montgomery
March 4, 2020
Summary
The Court dismissed Montgomery’s petition for a writ of mandamus seeking to compel the Superior Court to transmit audio recordings from a suppression hearing and juror-misconduct inquiry as part of his direct-appeal record. The Court held that Montgomery could not show either a duty to transmit the recordings or an arbitrary refusal to perform such a duty, particularly because the record included the prepared transcript and the trial judge found only insignificant discrepancies between the transcript and the suppression-hearing recording.