S. Ct. Civ. No. 2015-0055

A writ of mandamus is granted, directing the nominal respondent in the Superior Court to consider and rule on the petitioner's pending application for writ of habeas corpus within 60 days, or take other meaningful action to further disposition of petitioner's case in that period. Petitioner, convicted of multiple counts of first- and second-degree aggravated rape and unlawful sexual contact, filed a petition for writ of habeas corpus in November, 2014. After motion filings, the Superior Court judge took no action for several months, and in June 2015 the present petition for writ of mandamus was filed, seeking an order requiring a decision on the habeas corpus application. The record reflects that the Nominal Respondent has not issued any orders in the underlying matter since granting permission for petitioner proceed in forma pauperis. Petitioner has met the requirements for granting the writ of mandamus, establishing that his right to the writ is clear and indisputable and that he has no other adequate means to attain the desired relief. Based on independent review of the record without the benefit of a response from the nominal respondent, no legitimate excuse can be found for the nearly one and one-half year delay. Accordingly, since the public interest and other considerations strongly support mandamus relief, a writ of mandamus shall issue directing the nominal respondent to rule on this petitioner's habeas corpus petition within 60 days of the date of this Opinion, or take other meaningful action to further the disposition of that case in that period, such as issuing a ruling on the respondent's motion to dismiss.