Supreme Court of Delaware

In the Matter of the Petition of Isaias R. Ortiz for a Writ of Mandamus

May 25, 2022

Summary

The Supreme Court of Delaware dismissed Ortiz’s petition for a writ of mandamus seeking to require the Superior Court to decide his pending sentence-correction motion before the State obtained additional records concerning his prior out-of-state conviction. The Court held that the Superior Court acted within its discretion in granting the State additional time and that Ortiz failed to show an arbitrary refusal or failure to act. The State’s motion to dismiss was therefore granted.