Petitioner, La Mar Gunn, requested a writ of certiorari issue from the Delaware Supreme Court to the Superior Court of Kent County to review the results of the Kent County Recorder of Deeds election. Matter of La Mar Gunn, No. 268, 2015 (Aug. 27, 2015). The Supreme Court decision, authored by Justice Randy J. Holland, succinctly sets forth the underlying facts as follows:
The relevant facts are set forth in the Petition. There was a general election where Petitioner was declared the winner by two votes on November 4, 2014. The Board of Canvass convened on November 6, 2014. The Board of Canvass conducted three recounts on November 6, 2014. After the first recount, the Petitioner's lead increased from two votes to three votes. After the second recount, the Petitioner's lead increased from three to seven votes. After the third recount, Petitioner's opponent had a two vote lead. The Board of Canvass certified the third recount. According to the Petition, a tabulation of the votes on the record shows that the third recount does not account for two votes. Id. at 2.
The Petition for Writ of Certiorari was the filed nearly seven months later on June 3, 2015. Id. at 3.
As prior decisions have shown, timing can mean everything. The Supreme Court noted that a petition for a writ of certiorari "must be filed within the time [thirty days] set for direct appeals." Id. A writ filed after that deadline is accepted only in the case of exceptional circumstances. The Supreme Court sitting en banc concluded that exceptional circumstances did not exist in this case and dismissed the Petition.
The decision in the Matter of La Mar Gunn, may be viewed in its entirety here.
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