Matter of Phillips

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IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE MATTER OF THE PETITION OF GREGORY S. PHILLIPS FOR A WRIT OF ERROR CORAM VOBIS. § § § § No. 424, 2002 Submitted: August 7, 2002 Decided: September 30, 2002 Before VEASEY, Chief Justice, WALSH and STEELE, Justices. ORDER This 30th day of September 2002, upon consideration of the petition of Gregory S. Phillips for a writ of error coram vobis, and the State of Delaware s answer and motion to dismiss, it appears to the Court that: (1) In June 1997, Phillips pleaded guilty to several charges, including Reckless Endangerment in the First Degree, and was sentenced.1 Phillips has filed a writ of error coram vobis in which he claims that he is factually innocent of the reckless endangering charge. Phillips asks this Court to direct the Superior Court to consider his claim. In a motion filed on July 30, 2002, Phillips requests the appointment of counsel. 1 See generally Phillips v. State, 2002 WL 229503 (Del. Supr.). (2) The original jurisdiction of this Court is set forth in Article IV, section 11(6) of the Delaware Constitution. The writ of error coram vobis is not one of the extraordinary writs within the original jurisdiction of this Court.2 Thus, Phillips petition for a writ of error coram vobis must be dismissed for lack of jurisdiction. NOW, THEREFORE, IT IS ORDERED that the State s motion to dismiss is GRANTED. Phillips petition for a writ of error coram vobis is DISMISSED. The motion for appointment of counsel is moot. BY THE COURT: /s/ E. Norman Veasey Chief Justice 2 See Del. Const. art. IV, § 11(6) (providing that the Court may issue writs of prohibition, quo warranto, certiorari and mandamus to the Superior Court and other courts). Writs of error have been abolished. The Supreme Court now hears appeals in criminal cases. Del. Const. art. IV, § 11(1)(b) and (2). 2

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