Gonder v. Glover

Summary

The Arkansas Supreme Court denied Duane Jefferson Gonder’s petitions for writ of mandamus and to supplement his mandamus petition, holding that he failed to establish the requirements for mandamus relief. The court concluded that Gonder had not shown that a hearing on his coram-nobis petition was a ministerial duty or that he lacked an adequate remedy. His petition to hold the circuit court proceedings in abeyance was dismissed as moot.

Holdings

1. Mandamus was not warranted because Gonder failed to establish that the circuit judge had failed to perform a ministerial duty, that he had a clear and certain right to the requested relief, and that no other adequate remedy existed.
2. A hearing on a coram-nobis petition filed directly in circuit court is not required when the petition clearly has no merit; whether the circuit court abused its discretion is reviewable on appeal rather than through mandamus.

Questions Presented

1. Whether Gonder established entitlement to a writ of mandamus compelling the circuit judge to conduct a hearing on his coram-nobis petition.
2. Whether Gonder should be permitted to supplement his mandamus petition.
3. Whether the petition seeking to hold the circuit-court proceedings in abeyance remained justiciable.

Disposition

writ_denied