June 18, 2019 
decision has been designated as "Table of Decisions
Without Published Opinions." in the Atlantic Reporter.
Below— Superior Court of the State of Delaware,
STRINE, Chief Justice; VALIHURA and TRAYNOR, Justices.
Strine, Jr., Chief Justice
consideration of the appellants opening brief, the
appellees motion to affirm, and the record below, it appears
to the Court that:
The appellant, Leon Powell, filed this appeal from the
Superior Courts 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 Courts
judgment on the ground that it is manifest on the face of
Powells opening brief that the appeal is without merit. We
disagree and reverse the Superior Courts judgment.
The record reflects that, in 1983, Powell was convicted of
first degree murder and was sentenced to life imprisonment
without parole. This Court affirmed Powells 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 States position.
The Board of Pardons Checklist provides:
YOU MUST COMPLETE STEPS 1 AND 2 BEFORE PROCEEDING
WITH THE APPLICATON ...