Benny Hulsey v. Honorable Tom Keith, Circuit Judge
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ARKANSAS SUPREME COURT
No.
NOT DESIGNATED FOR PUBLICATION
BENNY HULSEY
Petitioner
CR 06-772
Opinion Delivered
September 28, 2006
PRO SE PETITION FOR WRIT OF
MANDAMUS [CIRCUIT COURT OF
BENTON COUNTY, CR 2000-1178]
v.
HON. TOM KEITH, CIRCUIT JUDGE
Respondent
PETITION MOOT
PER CURIAM
In 2001, petitioner Benny Hulsey was found guilty by a jury of indecent exposure and sexual
abuse in the first degree and sentenced as a habitual offender to an aggregate term of 360 years’
imprisonment. The Arkansas Court of Appeals affirmed. Hulsey v. State, CACR 01-1342 (Ark.
App. September 10, 2003). Subsequently, petitioner timely filed in the trial court a petition for
postconviction relief pursuant to Criminal Procedure Rule 37.1. The trial court dismissed the
petition on the ground that it lacked jurisdiction to consider the claims, and petitioner appealed to
this court from the order. We reversed and remanded the matter to the trial court so that the court
could consider the petition on the merits. Hulsey v. State, CR 04-1386 (Ark. December 8, 2005) (per
curiam). This court’s mandate returning jurisdiction to the trial court to consider the petition was
issued on December 28, 2005.
On July 13, 2006, petitioner filed a pro se petition for writ of mandamus in this court
contending that the Honorable Tom Keith, Circuit Judge, had failed to act in a timely manner on the
Rule 37.1 petition after the matter was remanded to his court. On August 10, 2006, Judge Keith
entered an order disposing of the petition. As the court has acted on the petition, the petition for writ
of mandamus is moot.
Petition moot.
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