Stirparo v. State

OPINION AND ORDER ON PETITION FOR WRIT OF MANDAMUS

QUILLEN, Judge:

This is a petition by Messrs. Stirparo and McGhee, both inmates, challenging the State’s method of computing eligibility for parole as prescribed by 11 Del.C. §§ 4346 and 4372. The Court has considered the application as a mandamus petition. The issue presented requires an interpretation of 11 Del.C. § 4346 as it stands alone, and also as it is to be read in conjunction with 11 Del.C. § 4372. The Court has concluded that the application must be denied.

The problem of parole eligibility has plagued correctional administrators,…