Matter of Collins ( 2018 )

IN THE SUPREME COURT OF THE STATE OF DELAWARE
IN THE MATTER OF THE §
PETITION OF JASON COLLINS § No. 491, 2017
FOR A WRIT OF PROHIBITION §
Submitted: January 8, 2018
Decided: February 20, 2018
Before STRINE, Chief Justice; SEITZ and TRAYNOR, Justices.
ORDER
This 20th day of February 2018, upon consideration of Jason Collins’ petition
for a writ of prohibition, his response to the notice to show cause, and the State’s
response, it appears to the Court that:
(1) On November 27, 2017, Collins filed a petition asking this Court to
issue a writ of prohibition preventing the Superior Court from applying money
posted for Collins’ bail to his outstanding restitution obligation. The petition arises
from Collins’ violations of probation (“VOP”) after August 20, 2009 convictions for
Obtaining a Controlled Substance and Forgery in the Second Degree (Criminal ID
No. 0904002027) and a February 24, 2015 conviction for Identity Theft (Criminal
ID No. 1407019673). In Criminal ID No. 0904002027, Collins was sentenced to
four years of Level V incarceration, suspended for decreasing levels of supervision,
and ordered to pay $1,403.00 in restitution. In Criminal ID No. 1407019673, Collins
was originally sentenced to three years of Level V incarceration, suspended for
decreasing levels of supervision, and ordered to pay $5,293.00 in restitution. On
April 10, 2017, after his seventh VOP in Criminal ID No. 0904002027 and his first
VOP in Criminal ID No. 1407019673, Collins was sentenced to three years and
eighteen days of Level V incarceration, suspended for decreasing levels of
supervision. The restitution terms remained in effect.
(2) In August 2017, Collins was charged with another VOP after new
criminal charges were filed against him. The October 2017 VOP hearing was
continued at the request of the defense. On October 20, 2017, Collins’ counsel filed
a motion for bail reduction. The motion sought reduction of the $5,751.09 cash bail
(forfeit if posted) to $500.00 cash bail (forfeit if posted). On October 26, 2017, the
Superior Court reduced the bail to $2,500.00 cash only “payable to restitution owed
the Court.”1
(3) On November 27, 2017, Collins filed a pro se petition for a writ of
prohibition in this Court objecting to the form of bail as security for fines and
restitution, instead of his appearance in court. On December 4, 2017, the Superior
Court modified Collins’ bail in Criminal ID No. 0904002027 to $552.00 cash only
and in Criminal ID No. 1407019673 to $1,948.00 cash only. The Superior Court
removed the condition that any posted bail be applied to Collins’ costs, fines, and
restitution obligation. The Senior Court Clerk then issued a notice directing Collins
1
State v. Collins, Criminal ID Nos. 0904002027 and 1407019673 (Del. Super. Ct. October 26,
2017) (order reducing bail, attached as Exhibit F to the State’s Response to Answer to Notice to
Show Cause).
2
to show cause why his petition should not be dismissed as moot in light of the
December 4, 2017 modification of bail. In his response to the notice to show cause,
Collins objected that the bail is cash only and requested that it be changed to secured.
The State argued that Collins is not entitled to a writ of prohibition. The bail was
posted on February 6, 2018.
(4) Collins’ petition is moot. A writ of prohibition is the legal equivalent
of the equitable remedy of injunction and may be issued to prevent a trial court from
exceeding the limits of its jurisdiction.2 Collins’ writ of prohibition was based on
the Superior Court making his cash only bail payable to restitution. The Superior
Court modified Collins’ bail to remove the restitution condition, and the bail has
been posted. Collins’ petition is therefore moot. The petition is also subject to
dismissal because Collins is represented by counsel in the Superior Court
proceedings and is not authorized to file a pro se petition directly related to
proceedings in which he is represented by counsel.3
NOW, THEREFORE, IT IS ORDERED that the petition for a writ of
prohibition is DISMISSED as moot.
BY THE COURT:
/s/ Gary F. Traynor
Justice
2
In re Hovey, 545 A.2d 626, 628 (Del.1988).
3
In re Schoolfield, 1998 WL 280359, at *1 (Del. May 14, 1998); In re Haskins, 551 A.2d 65, 66-
67 (Del. 1988).
3