Nally v. Howell

Thompson, Justice.

Following a contractual dispute between Paul Nally and Bennett Motor Express (“Bennett”), Nally met with Judge Shepherd Howell and presented him with an application for a criminal warrant, asserting Bennett and its executive officers had committed the ofíense of theft by taking. Judge Howell declined to issue a warrant, taking the position that the dispute should be pursued civilly, not criminally. Because Nally could not appeal in the absence of a written order, Nally filed a petition for mandamus to compel Judge Howell to render his refusal to issue a warrant in writing.…