State v. Manck

This case presents us with the task of determining the scope of this Court’s authority to issue prerogatory writs or other extraordinary relief when requested by the State, when the trial court has stricken the Notice of Intention to Seek the Penalty of Death. Based upon our jurisprudence and that of the federal system with respect to its identical powers to issue writs of mandamus or prohibition, we conclude that the State’s Petition for Writ of Prohibition, Mandamus, or Other Appro priate Extraordinary Relief cannot be granted under the circumstances of this case.

I. Background

On June 7,…