In the Matter of the Petition of Alton Cannon for a Writ of Habeas Corpus ( 2022 )

IN THE SUPREME COURT OF THE STATE OF DELAWARE
IN THE MATTER OF THE §
PETITION OF ALTON § No. 331, 2022
CANNON FOR A WRIT OF §
HABEAS CORPUS §
Submitted: October 26, 2022
Decided: November 9, 2022
Before VALIHURA, VAUGHN, and TRAYNOR, Justices.
ORDER
After careful consideration of the notice to show cause and the appellant’s
response, it appears to the Court that:
(1) On September 13, 2022, the appellant, Alton Cannon, filed in this Court
a petition for a writ of habeas corpus, seeking to be removed from the Delaware Sex
Offender Registry. The Senior Court Clerk issued a notice directing Cannon to show
cause why his petition should not be dismissed for this Court’s lack of original
jurisdiction to issue a writ of habeas corpus. Cannon has filed a response to the
notice to show cause but does not address the jurisdictional issue raised in the notice.
(2) It is well-settled that this Court has no original jurisdiction to issue a
writ of habeas corpus.1 Accordingly, Cannon’s petition manifestly fails on its face
to invoke the original jurisdiction of the Court, and it must be dismissed.
1
In re Cantrell, 678 A.2d 525, 526 (Del. 1996); 10 Del. C. § 6901.
NOW, THEREFORE, IT IS HEREBY ORDERED, under Supreme Court
Rule 29(b), that the petition for a writ of habeas corpus is DISMISSED.
BY THE COURT:
/s/ James T. Vaughn, Jr.
Justice
2