Roy Lee Russell, Petitioner v. Honorable Sam Pope, Judge, Respondent

Summary

The court denied Russell's petition for a writ of mandamus seeking to compel the circuit judge to rule on his postconviction petition. Mandamus could require the judge to perform the ministerial duty of timely ruling, but Russell could not compel a particular ruling or hearing and had not shown that the delay was unjustified because the judge was reviewing an extensive record. The court nevertheless urged prompt resolution of the postconviction petition.