Davis v. Twentieth Judicial Circuit Court, Lee County, Florida

John Davis petitions this court for a writ of mandamus compelling the circuit court to rule on his pending motion for rehearing.

In December 1985, Davis filed a motion for post-conviction relief, which the trial court denied January 9, 1986. Davis then moved for rehearing within the fifteen-day limit prescribed by Florida Rule of Criminal Procedure 3.850. The trial court apparently has taken no further action.

Under appropriate circumstances a prisoner may be entitled to a writ of mandamus if a trial court refuses to rule on a pending motion for post-conviction relief or unreasonably delays the…