In the Matter of the Petition of Cedric D. Shackelford for a Writ of Mandamus ( 2022 )

IN THE SUPREME COURT OF THE STATE OF DELAWARE
IN THE MATTER OF THE §
PETITION OF CEDRIC D. § No. 369, 2021
SHACKELFORD FOR A WRIT OF §
MANDAMUS §
Submitted: November 29, 2021
Decided: February 2, 2022
Before SEITZ, Chief Justice; VALIHURA and MONTGOMERY-REEVES,
Justices.
ORDER
After careful consideration of the petition for a writ of mandamus and the
State’s answer and motion to dismiss, it appears to the Court that:
(1) The petitioner, Cedric Shackelford, seeks to invoke the original
jurisdiction of this Court, under Supreme Court Rule 43, to issue a writ of mandamus
directing the Superior Court to investigate his attorney’s professional performance
and to rule on two motions that Shackelford filed in that court in connection with a
criminal case currently pending against him. The State has filed an answer and
motion to dismiss the petition. After careful review, we conclude that the petition is
without merit and must be dismissed.
(2) Shackelford was arrested for various crimes arising out of an August
15, 2019 armed robbery. Shackelford qualified for the assistance of the Office of
Defense Services, and an assistant public defender was appointed to represent him.
Although he was represented by counsel, Shackelford filed various pro se motions
with the Superior Court, including a motion to disqualify counsel in which he
complained about the responsiveness and strategic decisions of his court-appointed
attorney and requested the appointment of a new attorney. The Superior Court
declined to take any action on the motion, noted that Shackelford does not have a
constitutional right to the court-appointed attorney of his choosing, and forwarded
the motion to defense counsel. Later, Shackelford filed a motion to participate with
counsel, which the Superior Court likewise forwarded to defense counsel. Notably,
Superior Court Criminal Rule 47 provides, in part, that the Superior Court “will not
consider pro se applications made by defendants who are represented by counsel
unless the defendant has been granted permission to participate with counsel in the
defense.”1
(3) A writ of mandamus will issue to a trial court only if the petitioner can
show: (i) a clear right to the performance of a duty; (ii) that no other adequate remedy
is available; and (iii) that the trial court has arbitrarily failed or refused to perform
its duty.2 “[I]n the absence of a clear showing of an arbitrary refusal or failure to
act, this Court will not issue a writ of mandamus to compel a trial court to perform
a particular judicial function, to decide a matter in a particular way, or to dictate the
control of its docket.”3
1
Del. Super. Ct. Crim. R. 47.
2
In re Bordley, 545 A.2d 619, 620 (Del. 1988).
3
Id.
2
(4) There is no basis for the issuance of a writ of mandamus under the
circumstances presented here because Shackelford has other adequate remedies
available to him. If convicted, Shackelford may advance his claim that the Superior
Court should have ruled on his pro se motions on direct appeal.4 Similarly, if
convicted, Shackelford may challenge his counsel’s professional performance in
postconviction proceedings.5 In the alternative, if Shackelford wishes to proceed
pro se, he may petition the court to do that. But a petitioner who has an adequate
remedy in the appellate process may not use the extraordinary writ process as a
substitute.6
NOW, THEREFORE, IT IS HEREBY ORDERED that the State’s motion to
dismiss is GRANTED. The petition for the issuance of a writ of mandamus is
DISMISSED.
BY THE COURT:
/s/ Collins J. Seitz, Jr.
Chief Justice
4
In re Safford, 2005 WL 1654016, at *1 (Del. July 1, 2005).
5
See generally Green v. State, 238 A.3d 160, 175 (Del. 2020).
6
In re Safford, 2005 WL 1654016, at *1.
3