Nelson v. Glover (Per Curiam)Annotate this Case
In 1990, a jury found Petitioner guilty of first-degree murder and sentenced him to life imprisonment. The Supreme Court affirmed. Petitioner subsequently filed a petition for postconviction relief, which was denied. Petitioner later filed a pleading asking the trial court to rule on the merits of the issues under the nunc pro tunc rule. Petitioner subsequently filed in the Supreme Court a pro se petition for writ of mandamus, contending that the circuit court had not acted on the pleading in a timely manner. The trial court responded that the delay was due to the fact that the pleading was not contained in the record and noted that Petitioner claimed the pleading sought a ruling on Petitioner's original petition for postconviction relief, not the subsequent petition. The Supreme Court denying mandamus relief, holding (1) the circuit court's failure to act on Petitioner's motion was simply due to clerical error; and (2) on the merits, the circuit court acted on the underlying motion.