Bacon — Delaware Supreme Court dismissed mandamus petition over docket sheet and hearing transcript

Case
In the Matter of the Petition of Devearl L. Bacon for a Writ of Mandamus
Court
Delaware Supreme Court
Judge
Seitz, Chief Justice; Traynor, Justice; Griffiths, Justice
Date Decided
August 27, 2026
Docket No.
321, 2026
Topics
Mandamus, Civil Procedure, Court Transcripts, Mootness
Source
Read the full opinion

Background

Devearl L. Bacon filed a civil action against Mark Purnell and attorney Herbert W. Mondros. Bacon alleged that he helped Purnell pursue postconviction proceedings that led to the reversal of Purnell’s murder conviction, and that Purnell promised him part of any recovery from a related civil claim against the State. According to Bacon, Purnell received a settlement but did not pay him.

After the Superior Court dismissed Bacon’s claims against Mondros, Bacon sought a default judgment against Purnell. A Superior Court Commissioner denied the motion because Bacon had not perfected service. Bacon then requested the docket sheet and a transcript of the hearing. The court supplied the order, instructed Bacon to submit an in forma pauperis motion for the transcript, and later denied that motion without prejudice because it lacked a certified inmate account statement. Bacon petitioned the Delaware Supreme Court to compel production of the docket sheet and transcript.

The Court’s Holding

The Delaware Supreme Court dismissed the mandamus petition. It explained that mandamus requires a clear right to performance of a duty, the absence of another adequate remedy, and an arbitrary failure or refusal by the Superior Court to perform that duty.

The docket-sheet request was moot because the Superior Court had provided Bacon a copy after receiving notice of the petition. As to the transcript, Bacon had not established a clear right to receive it at state expense or shown that the Superior Court arbitrarily refused to provide it. He also had other adequate remedies: he could submit a new in forma pauperis motion with the required financial information and, if the transcript request were denied and he ultimately lost the lawsuit, challenge that denial in an appeal from the final judgment.

Key Takeaways

  • Mandamus is unavailable without a clear right to relief, an arbitrary failure or refusal by the trial court, and the absence of another adequate remedy.
  • A request to compel production of a document becomes moot once the lower court provides it.
  • An indigent civil litigant has no absolute right to a transcript at state expense and must follow applicable in forma pauperis requirements.

Why It Matters

The order reinforces that mandamus is an extraordinary remedy, not a substitute for complying with trial-court procedures or pursuing an ordinary appeal. A litigant generally cannot obtain mandamus when the requested relief has already been provided or remains available through a corrected filing and later appellate review.

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