Ex Parte Weeks

Kenneth Earl Weeks, Jr., was convicted in the Morgan County District Court for driving without a license and driving while under the influence of alcohol. He appealed those convictions to the Morgan County Circuit Court for a trial de novo before a jury, pursuant to Ala. Code 1975, §§ 12-12-70(b) and 12-12-71. The circuit court dismissed Weeks's appeal when he failed to appear for trial. After an unsuccessful attempt to get the circuit court to set aside its order dismissing his appeal, Weeks petitioned the Court of Criminal Appeals for a writ of mandamus requiring the circuit court to…