Matter of Allen

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IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE MATTER OF THE PETITION OF JAMES ALLEN FOR A WRIT OF MANDAMUS § § No. 465, 2006 § Submitted: September 19, 2006 Decided: October 31, 2006 Before STEELE, Chief Justice, HOLLAND, and RIDGELY, Justices. ORDER This 31st day of October 2006, the Court has considered the petition of James Allen for a writ of mandamus, as well as the State s answer and motion to dismiss. Allen s writ complains that the Superior Court is forcing him to proceed pro se at his upcoming criminal re-trial. Presumably, Allen is requesting that counsel be appointed to represent him. The Superior Court docket reflects that substitute counsel was appointed to represent Allen on September 18, 2006. Accordingly, Allen s mandamus petition is moot. NOW, THEREFORE, IT IS ORDERED that Allen s petition for a writ of mandamus is DISMISSED as moot. BY THE COURT: /s/ Myron T. Steele Chief Justice

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