Delaware Code

10 Del. C. § 6901 (2026)

Jurisdiction to grant writs

✓ current as of May 2026

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The writ of habeas corpus shall be awarded and issued by the Superior Court except in cases involving child support enforcement in which case the writ shall be awarded and issued by the Family Court. The writ may also be awarded and issued by the Family Court in other cases which are otherwise within its jurisdiction. A petition for the issuance of a writ of habeas corpus may be reviewed and decided by the judge issuing the order incarcerating the petitioner in the first instance.

Code 1852, § 2545; Code 1915, § 4477; Code 1935, § 4929; 10 Del. C. 1953, § 6901; 70 Del. Laws, c. 354, § 1;

Notes of Decisions

Cited in 11 cases (5 in the last 5 years), 1974–2026 · leading case: State v. Flowers, 330 A.2d 146 (Del. 1974).

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State v. Flowers, 330 A.2d 146 (Del. 1974). “The action began as a petition under 10 Del.C. § 6901 for Writ of Habeas Corpus which, even when filed by a prisoner, is a civil proceeding.”

Olson v. Anstreicher, 327 A.2d 603 (Del. 1974). “10 Del.C. § 6901. Compare Mills v. State, Del.”

Gordon v. Emig (D. Del. 2025). · cites it 2× “) The Petition is captioned for the Delaware Superior Court and explicitly cites 10 Del. C. § 6901 as a basis for jurisdiction.”

Webb v. Wesley (Del. 2016). “In his opening brief, Webb argues that: (i) the Superior Court judge should have recused himself because he recused himself from sentencing Webb in a different case in 2000 after Webb threatened him; and (ii) the respondent’s failure to answer the petition violates the spirit…”

Matter of Taylor (Del. 2017). “IV, § 11(5); 10 Del. C. § 6901; In re Cantrell, 678 A.”

Matter of Gordon (Del. 2020). “10 10 Del. C. § 6901; In re Cantrell, 678 A.”

In the Matter of the Petition of Alton Cannon for a Writ of Habeas Corpus (Del. 2022). “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.”

State v. Topolski (Del. Super. Ct. 2023). “43 The Superior Court’s statutory authority to grant writs of habeas corpus is codified at 10 Del. C. §§ 6901–6918. The Court notes that the State has not challenged Mr.”

In the Matter of the Petition of Marvin L. Brown, Sr. for a Writ of Habeas Corpus (Del. 2025). “This Court has no original jurisdiction to issue a writ of habeas corpus.1 Brown’s petition manifestly fails on its face to invoke this Court’s original jurisdiction, and it must be dismissed.”

IMO the Petition for a Writ of Habeas Corpus by William Boyles (Del. 2026). “2 10 Del. C. § 6901; see also DEL. CONST. art.”

Matter of Tunnell (Del. 2015). “2 NOW, THEREFORE, IT IS ORDERED that the petition for the issuance of a writ of habeas corpus is DISMISSED.”

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