Jeremy Turner v. State of Arkansas

2021 Ark. 156

• Court: Supreme Court of Arkansas
• Decided: September 16, 2021
• Status: Published

Opinion

Cite as 2021 Ark. 156 SUPREME COURT OF ARKANSAS No. CR-21-59

Opinion Delivered: September 16, 2021

JEREMY TURNER PRO SE PETITION FOR WRIT OF PETITIONER MANDAMUS V. [COLUMBIA COUNTY CIRCUIT COURT, NO. 14CR-10-38] STATE OF ARKANSAS RESPONDENT PETITION MOOT.

RHONDA K. WOOD, Associate Justice

Jeremy Turner filed a pro se petition for writ of mandamus alleging that the

Columbia County circuit court had failed to timely rule on his pro se petition to correct an

illegal sentence pursuant to Arkansas Code Annotated section 16-90-111 (Repl. 2016).

Because the circuit court has ruled and granted Turner relief, we find the petition moot.

After initial review of the writ, this court entered a per curiam order directing the

State of Arkansas to respond to the petition. The State responded and explained that the

circuit court judge, Honorable David W. Talley, Jr., had recused from Turner’s case because

he had represented Turner in the criminal case and that an alternate judge had not been

assigned to the matter.

Following the State’s response, this court ordered the State to supplement the record.

The supplemental record reflects that the newly assigned circuit court judge granted Turner

relief on his petition and ordered that an amended sentencing order be issued. As the circuit court has acted, the mandamus action is moot. Roberts v. Chandler, 2015 Ark. 47 (per

curiam).

Petition moot.

Jeremy Turner, pro se petitioner.

Leslie Rutledge, Att’y Gen., by: Jason Michael Johnson, Ass’t Att’y Gen., for respondent.