State v. Niccum

SHARP, Chief Justice.

Preliminarily, we note the procedural posture of this case. Nic-cum first petitioned the Court of Appeals to issue its writ of cer-tiorari to the superior court to review Judge Peel’s judgment decreeing the legality of his imprisonment and remanding him to the custody of the Commissioner of Correction to complete his sentence. Upon the Court of Appeals’ denial of his petition, Niccum filed a second and substantially identical petition for certiorari with this Court.

In this jurisdiction the rule is firmly established that no appeal lies from an order made in a habeas…