Mike Aaron v. Honorable William A. Storey, Judge

ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

February 12, 2004

MIKE AARON

Petitioner

v.

HONORABLE WILLIAM A. STOREY, JUDGE

Respondent

CR 04-78

PRO SE PETITION FOR WRIT OF MANDAMUS [CIRCUIT COURT OF WASHINGTON COUNTY, NO. CR 87-461]

PETITION MOOT

Per Curiam

Mike Aaron filed a petition for writ of mandamus in this court contending that the Honorable William A. Storey, Circuit Judge, had failed to act within a reasonable time on a petition for writ of habeas corpus pursuant to Act 1780 of the 2001 Acts of Arkansas filed in the Circuit Court of Washington County on November 21, 2002. The act amended Arkansas's state habeas corpus statute to provide that a writ could issue to any person "who has alleged actual innocence of the offense or offenses for which the person was convicted....in accordance with §16-112-201 et seq." In the mandamus petition, Aaron noted that he had also filed a related pleading, a request for judicial review, on December 10, 2002, which had been denied in an order entered November 5, 2003. In his response to the petition for writ of mandamus, Judge Storey said that the November 5, 2003, order had disposed of both the habeas petition and the request for judicial review.

Upon examining the request for judicial review, it is evident that it was a mere request that the court rule favorably on the habeas petition. The request contained no additional grounds for relief and no supplementary material in support of the allegations contained in the habeas petition. Under these circumstances, the court's order of November 5, 2003, which denied relief pursuant to Ark. Code Ann. §16-112-201, et seq, constituted a denial of the petition for writ of habeas corpus. As the circuit court has acted in the matter, the petition for writ of mandamus is moot.

Petition moot.