Cabral v. Keith

On October 24, 2005, Roberto Daco Cabral filed a pro se petition for writ of mandamus in this court contending that the Honorable Tom Keith, Circuit Judge, had failed to act in a timely manner on his pro se petition for postconviction relief pursuant to Criminal Procedure Rule 37.1 filed in the Circuit Court of Benton County on April 7, 2003. On October 27, 2005, Judge Keith entered an order disposing of the Rule 37.1 petition.

As there was no response filed to the mandamus petition and no mention in the order of the thirty-month delay in ruling on the Rule 37.1 petition, it was not evident…