S.Ct. Civ. No. 2010-0004

The Court holds that, because the Legislature has mandated that the Superior Court give petitions for writ of habeas corpus expedited consideration, those who have requested a writ of habeas corpus have a clear and indisputable right to have that petition considered by the Superior Court within a reasonable time. The Court further holds that, to determine whether a trial judge has breached the ministerial duty to rule on a petition for writ of habeas corpus within a reasonable time, each situation must be considered on its own facts, with primary consideration given to the reason for the delay, including whether the delay is the fault of the petitioner. Accordingly, the Court finds that issuance of a writ of mandamus directing a Superior Court judge to rule on a petition for writ of habeas corpus is justified when no orders have been entered in the matter for eighteen months and the Superior Court judge has provided no legitimate explanation for the delay.