ARKANSAS SUPREME COURT
No. CR 06916
CLARENCE McCLENDON
Petitioner
v.
HON. MARION HUMPHREY, CIRCUIT
JUDGE
Respondent
Opinion Delivered
November 1, 2007
PRO SE PETITION FOR WRIT OF
MANDAMUS [CIRCUIT COURT OF
PULASKI COUNTY, CR 861284]
PETITION DISMISSED.
PER CURIAM
OnAugust 16, 2006, petitioner ClarenceMcClendon, whowas found guiltyof capitalmurder
and aggravated robbery in the Circuit Court of Pulaski County in 1987, filed in this court a pro se
petition for writ of mandamus. Petitioner contended that the Honorable Marion Humphrey, Circuit
Judge, had failed to act in a timelymanner on a petition that he had filed onAugust 17, 2005, seeking
to have his criminal conviction vacated.
Judge Humphrey responded to the petition and informed this court that the matter had been
set for hearing. Over the course of the next several months, the hearing date was reset several times,
and on February 8, 2007, a deputy attorney general notified one of our staff attorneys that petitioner
had retained counsel and that the matter had been passed until the attorney could review the file.
On October 8, 2007, respondent Humphrey submitted a supplemental response to the
mandamus action with a copy of the circuit court’s docket appended which reflects that respondent
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has held several hearings on the petition to vacate sentence and that petitioner continues to enjoy
representation by counsel in the proceeding. As the court’s docket indicates that the respondent is
actively working toward a final disposition of the petition and petitioner’s interests are being
protected by counsel, there is no apparent need to continue the mandamus action in this court. For
that reason, the petition for writ of mandamus is dismissed.
Petition dismissed.