Jerry L. Edmond v. Honorable Duncan Culpepper, Judge

ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

May 6, 2004

JERRY L. EDMOND

Petitioner

v.

HONORABLE DUNCAN CULPEPPER,

JUDGE

Respondent

CR 04-361

PRO SE PETITION FOR WRIT OF MANDAMUS [CIRCUIT COURT OF HEMPSTEAD COUNTY, NO. CR2000-181-2]

PETITION MOOT

Per Curiam

On March 17, 2003, Jerry L. Edmond filed a petition for postconviction relief pursuant to Criminal Procedure Rule 37.1 in the Circuit Court of Hempstead County. The petition was denied as untimely, and Edmond appealed the order to this court. The court reversed and remanded the matter so that the court could rule on the merits of the Rule 37.1 petition because the petition was in fact timely filed. Edmond v. State, CR 03-871 (Ark. October 23, 2003) (per curiam).

On April 5, 2004, Edmond filed a petition for writ of mandamus in this court contending that the Honorable Duncan Culpepper, Circuit Judge, had failed to act within a reasonable time on Rule 37.1 petition after the matter was remanded to his court. On April 23, 2004, Judge Culpepper entered an order disposing of the Rule 37.1 petition. As the circuit court has acted in the matter, the petition for writ of mandamus is moot.

Petition moot.