Porter v. Humphrey
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ARKANSAS SUPREME COURT
No.
CR 09-33
Opinion Delivered
April 16, 2009
PRO SE PETITION FOR WRIT OF
MANDAMUS [CIRCUIT COURT OF
PULASKI COUNTY, CR 83-2058]
TERRY W. PORTER
Petitioner
v.
HON. MARION HUMPHREY, CIRCUIT
JUDGE
Respondent
PETITION DISMISSED WITHOUT
PREJUDICE.
PER CURIAM
In 1984, petitioner Terry W. Porter, who is also known as Terry Wayne Porter, entered a plea
of guilty to capital murder and was sentenced to life imprisonment without parole. A second charge,
aggravated robbery, merged into the capital murder charge.
On November 1, 2007, petitioner filed in the trial court a pro se petition to vacate the
judgment, and on January 13, 2009, petitioner filed the instant pro se petition in this court. In the
petition for writ of mandamus, he contends that the respondent trial court judge has failed to act in
a timely manner as to the petition to vacate the judgment.
In response to the petition for writ of mandamus, respondent asserts that petitioner failed to
properly serve the mandamus petition on the respondent pursuant to Arkansas Supreme Court Rule
6-1(a), notwithstanding the certificate of service showing otherwise. As petitioner failed to comply
with Rule 6-1(a), the instant petition for writ of mandamus is dismissed.
Petition dismissed without prejudice.
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