Opinion
No. 455, 2001, ID No. 9408009291.
Decided: October 31, 2001
Mandamus Dismissed.
Unpublished opinion is below.
IN THE MATTER OF THE PETITION OF KEVIN S. EPPERSON FOR A WRIT OF MANDAMUS. No. 455, 2001, ID No. 9408009291. Supreme Court of the State of Delaware. 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. On October 9, 2001, the State filed an answer and motion to dismiss Epperson's mandamus petition.
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) By letter dated October 11, 2001, the Superior Court denied Epperson's motion under Rule 35(a). The Superior Court filed a copy of its October 11 order with this Court on October 18, 2001. The Superior Court's October 11 decision renders moot Epperson's petition for a writ of mandamus in this Court.
State v. Epperson, Del. Super., Cr.A. No. IN94-08-1484, Graves, J. (Oct. 11, 2001).
NOW, THEREFORE, IT IS ORDERED that Epperson's petition for a writ of mandamus is DISMISSED as moot.