Opinion
CR 09-856
Opinion Delivered October 22, 2009
Pro Se Petition for Writ of Mandamus [Circuit Court of Craighead County, Western District, CR 2002-339], Petition Moot.
On March 19, 2008, petitioner William Joseph Lenox filed a pro se petition to correct an illegal sentence and for declaratory judgment and writ of error coram nobis in Craighead County Circuit Court. On July 29, 2009, petitioner filed a pro se petition for writ of mandamus in this court, in which he alleges that the Honorable David Burnett left office without entering a ruling on the petition to correct an illegal sentence and that his successor, the Honorable Randy Philhours, has failed to act in a timely manner on that petition.
Judge Burnett left office on December 31, 2008. Judge Philhours took office on January 1, 2009, in a different division of the same circuit court.
Despite petitioner's claim, Judge Burnett was not in fact succeeded in his office by Judge Philhours. Another individual was elected to that position. Judge Philhours, however, has filed a response to the mandamus petition and does not dispute that the case was, at some point, assigned to him. Judge Philhours attached a copy of an order entered on August 7, 2009, that disposed of the petition in circuit court. As the court has acted on that petition, the petition for writ of mandamus is moot.
Petition moot.