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State v. Kostyshyn

Superior Court of Delaware, New Castle

July 2, 2015

STATE OF DELAWARE,
v.
PETER T. KOSTYSHYN, Defendant.

ORDER

Jan R. Jurden, President Judge

AND NOW TO WIT, this 2nd day of July, 2015, the Court having duly considered Defendant's "Motion for Emergency Injunction to Stop All Kostyshyn Sheriff Sales, to Hold Evidentiary Hearings for All Open, Transferred Cases to Any Court for Deception by Plaintiffs, by [Delaware] Deputy Attorney Generals, etc.;"[1] IT APPEARS THAT:

1. This case (0902010151) was an appeal from Kostyshyn's criminal conviction in the Court of Common Pleas. This Court dismissed Kostyshyn's appeal on February 10, 2011, and the case was closed because Kostyshyn failed to pay the required filing fee or, alternatively, to file an application to proceed in forma pauperis.[2]

2. Kostyshyn then filed a petition for an extraordinary writ in the Delaware Supreme Court seeking a "writ of mandamus directing the Superior Court to reopen the criminal proceedings in No. 0902010151."[3] The Delaware Supreme Court denied Kostyshyn's petition and held that Kostyshyn's sole remedy was to seek postconviction relief in the Court of Common Pleas.[4]

3. Ignoring the Delaware Supreme Court's ruling, Kostyshyn has relentlessly filed wholly meritless letters[5] and motions[6] in the Superior Court seeking a variety of forms of relief in connection with case number 0902010151. Kostyshyn's filings are legally frivolous and an abuse of judicial process. Defendant is enjoined from filing any future claims concerning case number 0902010151 without first seeking leave of the Court.[7]

WHEREFORE, IT IS HEREBY ORDERED THAT the Defendant's "Motion for Emergency Injunction to Stop All Kostyshyn Sheriff Sales, to Hold Evidentiary Hearings for All Open, Transferred Cases to Any Court for Deception by Plaintiffs, by [Delaware] Deputy Attorney Generals, etc." is DENIED.


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