State ex rel. Everson v. Airport District Justice Court

This is an appeal from an order denying an application for a writ of mandamus.

Eugene Everson was charged with driving while under the influence of alcohol or drugs. The matter came on for hearing as one of several cases set on the afternoon calendar of the Airport District Justice Court.

When the case was called for trial at 1:30 p.m. the state orally moved for an hour’s continuance to locate a key witness who had not been subpoenaed. Everson moved to dismiss the action, asserting there had not been a showing of due diligence to obtain the witness’s appearance.

*341The court moved the case down one…