DOVER — A Wilmington man must remain imprisoned as he awaits a retrial on a 2011 Kent County bank robbery case, the Delaware Supreme Court ruled last week.
Russell M. Grimes maintained he should be released from incarceration due to double jeopardy after his May 2013 conviction regarding an incident at the First National Bank of Wyoming in Felton was reversed.
He is being held pending a retrial scheduled for April 4.
Russell M. Grimes
After Superior Court denied Grimes’ appeal for release on Nov. 2, 2015, Supreme Court received the matter on Nov. 20 and decided on Thursday.
The issue was taken before justices Karen L. Valihura, James T. Vaughn Jr. and Collins J. Seitz Jr.
“After careful consideration of Grimes’ opening brief and the state’s motion to affirm, we find it manifest that the judgment of the Superior Court should be affirmed,” the Supreme Court wrote in its order.
“In Delaware, the writ of habeus corpus is very limited and only provides relief to obtain judicial review of the jurisdiction of the court ordering the prisoner’s commitment.
In this case, the Superior Court’s commitment of Grimes is valid on its face, and Grimes is being held pursuant to that valid commitment.
“Thus, there is no basis for a writ of habeus corpus.”
Also facing a re-trial on first-degree robbery and other alleged offenses is William S. Sells III, of Newark.
In early 2015, the Supreme Court ruled Mr. Sells had a viable argument regarding a Superior Court decision regarding a pre-emptory challenge involving a juror, and reversed the conviction.