In the Matter of the Petition of Derious Johnson for a Writ of Mandamus

Summary

The Court dismissed Johnson’s petition for a writ of mandamus because he did not show that the Superior Court arbitrarily failed or refused to perform a duty owed to him. The Superior Court had reviewed and denied his habeas petition, was not required to hold an evidentiary hearing, and Johnson had an adequate remedy by appealing that denial. Mandamus cannot substitute for a timely appeal.