In the Matter of the Petition of Christopher Harry West for a Writ of Habeas Corpus

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN THE MATTER OF ) CIVIL ACTION NO. N24M-05-059
CHRISTOPHER HARRY WEST, ) CRIMINAL ID: 1107001026,
) 1810012384
PETITIONER )
)
v. )
)
BRIAN EMIG, )
WARDEN, H.R.Y.C.I., & ) HABEAS CORPUS PETITION
ROBERT MAY, )
WARDEN, )
)
RESPONDENT. )
ORDER
This 24th day of May, 2024, upon review of the foregoing Petition for a Writ
of Habeas Corpus and the record in this case, it is the decision of the Court that the
Petition is hereby DENIED. Petitioner first petitioned for Habeas Corpus relief in
April, 2020, which was denied by Superior Court after a finding he was legally
detained.1 Petitioner again filed a Habeas Corpus Petition in July, 2023.2 Once
again, as Petitioner was still serving the same lawful sentence, the Superior Court
found Petitioner legally detained and denied that petition.3 The Delaware Supreme
1 In the Matter of the Petition of Christopher Harry West, Case No. N20M-04-030,
D.I. 1.
2 In the Matter of the Petition of Christopher Harry West, Case No. N23M-07-045,
D.I. 1
3 Id. at D.I. 7.
Court affirmed the decision of Superior Court.4 In its denial, the Supreme Court
detailed the many filings by Petitioner challenging his conviction – all of which were
unsuccessful. Petitioner continues to be held on the same detention as he was in his
first Petition. Therefore, Petitioner remains legally detained.
The Court read and understood the admonition of the Supreme Court in its
decision affirming Superior Court’s denial of his initial Petition. The Court took the
time to “warn [Petitioner] for a final time that the Court will not continue to invest
scarce judicial resources to address his procedurally barred claims.”5 Given that this
most recent Petition was signed by Petitioner on April 23, 2024 – two (2) months
and three (3) days after the Supreme Court’s Order, any future filings of the
Petitioner will not be accepted by Superior Court Prothonotary unless it is first
approved by a Judge of Superior Court.
The Petition for Habeas Corpus relief is DENIED as frivolous.
IT IS SO ORDERED.
_________________________
Danielle J. Brennan, Judge
Original to Prothonotary
Cc: Christopher Harry West, SBI 00415857
Department of Justice
4 West v. May, 2024 WL 707261, *1 (Del.).
5 Id. at *2, ⁋8.