Submitted: June 18, 2019 
Below-Superior Court of the State of Delaware, Cr. ID No.
STRINE, Chief Justice; VALIHURA and TRAYNOR, Justices.
STRINE, JR. CHIEF JUSTICE
consideration of the appellant's opening brief, the
appellee's motion to affirm, and the record below, it
appears to the Court that:
appellant, Leon Powell, filed this appeal from the Superior
Court's April 4, 2019 order denying his motion to compel
the production of his sentencing order so he could complete
his application for commutation of his sentence. The State of
Delaware has moved to affirm the Superior Court's
judgment on the ground that it is manifest on the face of
Powell's opening brief that the appeal is without merit.
We disagree and reverse the Superior Court's judgment.
record reflects that, in 1983, Powell was convicted of first
degree murder and was sentenced to life imprisonment without
parole. This Court affirmed Powell's conviction and
sentence on direct appeal.
March 26, 2019, Powell filed a motion to compel the
production of his complete sentencing order so that he could
complete his application for commutation. Powell stated that
he and his family members had requested the order multiple
times, but had not received it. The Superior Court provided
Powell with the Superior Court criminal docket for his case,
which included the life sentence in docket entry 24, and
denied his motion as moot. This appeal followed.
appeal, Powell argues that he needs his complete sentencing
order, not just his criminal docket, to comply with the Board
of Pardons' requirements. The State has moved to affirm,
arguing that the criminal docket satisfies the Board of
Pardons' requirements. The Board of Pardons Checklist
provided by the State contradicts the State's position.
Board of Pardons Checklist provides:
YOU MUST COMPLETE STEPS 1 AND 2 BEFORE PROCEEDING
WITH THE APPLICATON PROCESS….
Request Certified Court Dockets and
Sentencing Orders and/or Disposition Records
for all ADULT dispositions listed as guilty,
unknown, unobtainable, transferred or pending and any
JUVENILE dispositions where you were sentenced as guilty as
an adult in Superior Court. Additionally, you must submit
certified copies of financial information on outstanding
fines, costs, fees and restitution. Contact the courts in ...