Opinion
No. 30,752.
Filed June 15, 1965.
MANDATE — Temporary Writ — Writ Complied With — Moot Question. — Where respondent filed a certified copy of record in cause pending in trial court, showing that the matters which were the subject of a temporary writ of mandate had been performed, issues presented by petition were moot and cause would be dismissed.
Original action by the State of Indiana on relation of Craig A. Dombkowski, seeking a writ of mandate requiring respondents, Marshall Circuit Court, Roy Sheneman, Judge, to vacate certain entries made by judge in respondent court. Temporary writ issued and respondent filed answer alleging performance of all acts required by said writ.
Dismissed.
Myron J. Hack, of South Bend, for relator.
Roy Sheneman, pro se.
This court, on April 2, 1965, issued a temporary writ of mandate requiring the respondent to vacate certain entries made in Criminal Cause No. 5708 in respondent court and to appoint pauper counsel for relator for the purpose of an appeal from the judgment in said cause and further requiring respondent to order the appropriate authorities to defray the costs from public funds for the payment of such counsel, transcript, briefs and other expenses necessary in the prosecution of such appeal.
The respondent has filed a certified copy of the record in said cause showing that the matters which were the subject of the temporary writ have been performed.
All issues presented by the petition herein are now therefore moot and, accordingly, this cause is dismissed.
Jackson, C.J., Arterburn, Landis Myers, JJ., concur.
NOTE. — Reported in 207 N.E.2d 817.