Murin v. Nadick

This is an appeal from a lower court order dismissing appellant’s case because neither appellant nor his trial counsel were present in the courtroom at 9:30 A.M., when the appellant’s case was called.1 Appellant and his counsel arrived and were ready to proceed at approximately 9:33 A.M. At that time counsel requested the court to reconsider the dismissal order. The request was denied.

Appellant argues that the court’s refusal to reopen the case, under these circumstances, was an abuse of discretion and violative of due process.

Appellant’s explanation for his three-minute tardiness is that the…