Matter of Epperson

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IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE MATTER OF THE PETITION OF KEVIN S. EPPERSON FOR A WRIT OF MANDAMUS. § § § § No. 455, 2001 Def. ID No. 9408009291 Submitted: October 9, 2001 Decided: October 31, 2001 Before VEASEY, Chief Justice, WALSH and STEELE, Justices. ORDER This 31st day of October 2001, it appears to the Court that: (1) On September 18, 2001, Kevin S. Epperson filed a petition for a writ of mandamus seeking to compel the Superior Court to docket his motion under Superior Court Criminal Rule 35(a) and to refer the motion to a Superior Court judge for decision.1 On October 9, 2001, the State filed an answer and motion to dismiss Epperson s mandamus petition. (2) By letter dated October 11, 2001, the Superior Court denied Epperson s motion under Rule 35(a).2 The Superior Court filed a copy of its October 11 order with this Court on October 18, 2001. The Superior Court s 1 It appears from the Superior Court docket that Epperson s motion under Rule 35(a) was filed on July 19, 2001, but was not referred to a Superior Court judge for decision until October 2, 2001. 2 State v. Epperson, Del. Super., Cr.A. No. IN94-08-1484, Graves, J. (Oct. 11, 2001). October 11 decision renders moot Epperson s petition for a writ of mandamus in this Court. NOW, THEREFORE, IT IS ORDERED that Epperson s petition for a writ of mandamus is DISMISSED as moot. BY THE COURT: s/Joseph T. Walsh Justice 2

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