City of Mobile v. Fagan

The petitioner, Josh Fagan, filed this petition for a writ of mandamus directing Judge Herman Y. Thomas to reinstate his de novo appeal from the Mobile Municipal Court. In September 2003, Fagan was convicted in the Mobile Municipal Court of two counts of menacing. Fagan appealed those convictions to the Mobile Circuit Court for a trial de novo. Fagan’s trial was scheduled to begin in circuit court on December 11, 2003, but was postponed until February 12, 2004. On February 12, 2004, Fagan appeared in the circuit court for his trial. The City of Mobile (“the City”) moved that Fagan’s de novo…