Ex Parte Bishop

Edward Bishop filed this petition for a writ of mandamus directing Judge Charles R. Malone to reinstate the "not guilty" verdict returned by the jury in this case.

The City of Tuscaloosa ("the City") charged Bishop with driving under the influence of alcohol. On August 24, 2003, his trial began in the circuit court. During a break in the jury deliberations Bishop was seen talking with one of the jurors in his case. The trial court found Bishop in contempt of court and stated that it would set aside the verdict if the jury returned a "not guilty" verdict. The jury returned a verdict of "not…