Wiley v. State

Willie Jerome WILEY, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida

Decided January 20, 2006.

District Court of Appeal of Florida · decided 2006-01-20

Cited by 2 later decisions — most recently December 2012

2 state decisions

Relies on Munn v. Florida Parole Commission

Good law ✅— No negative treatment on recordhow we know

Decided 2006-01-20

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¶1 *619 Willie Jerome Wiley, pro se, petitioner.

¶2Charlie Crist, Attorney General, and Tracy Cooper, Assistant Attorney General, Tallahassee, for respondent.

¶3PER CURIAM.

¶4In light of the circuit court's order directing the State Attorney to file a response, we find that the granting of mandamus relief to compel a ruling on petitioner's pending motion for postconviction relief is not warranted. See Munn v. Florida Parole Commission, 807 So.2d 733 (Fla. 1st DCA 2002). Therefore, we deny the petition for writ of mandamus but without prejudice to petitioner filing a subsequent petition for writ of mandamus should the circuit court fail to timely consider and dispose of the motion. We nonetheless strongly encourage the circuit court to promptly rule on petitioner's motion for postconviction relief.

¶5ERVIN, BENTON and LEWIS, JJ., concur.