Hart v. City of Priceville
Decision Date | 03 December 1993 |
Citation | 631 So.2d 301 |
Parties | Paul Bryan HART v. CITY OF PRICEVILLE. CR 92-1824. |
Court | Alabama Court of Criminal Appeals |
Sherman B. Powell, Jr., Decatur, for appellant.
Anita J. Kimbrell, Huntsville, for appellee.
This is an appeal from the circuit court's judgment dismissing an appeal from municipal court. The appellant, Paul Bryan Hart, contends that the circuit court abused its discretion in refusing to reinstate the appeal.
The appellant was convicted on January 12, 1993, of the offenses of driving under the influence of alcohol, driving while his license was revoked, speeding, and illegal possession of prohibited liquor in the municipal court of the City of Priceville, Alabama. The appellant appealed to the Circuit Court of Morgan County for trial de novo. On May 21, 1993, the circuit court dismissed the appeal when the appellant failed to appear for arraignment on that date.
On June 9, 1993, the appellant filed a motion to vacate the order dismissing his appeal, alleging that he had been unaware of the date of his arraignment:
We find no abuse of discretion in the circuit court's refusal to reinstate the appeal from municipal court.
"[I]t is generally held in Alabama that a party is under a duty to follow the status of his case, whether he is represented by counsel or acting pro se, and that, as a general rule, no duty rests upon either the court or the opposing party to advise that party of his scheduled trial date, see the cases collected at 18A Ala.Digest Trial § 9(1) (1956)." Ex parte Weeks, 611 So.2d 259, 262 (Ala.1992). ...
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Ingram v. State
...a duty to monitor the status of his case. Ex parte Weeks, 611 So.2d 259 (Ala.1992). This policy was discussed in Hart v. City of Priceville, 631 So.2d 301 (Ala.Cr.App.1993):" ' " '[I]t is generally held in Alabama that a party is under a duty to follow the status of his case, whether he is ......
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Ingram v. State, No. CR-03-1707 (Ala. Crim. App. 9/29/2006)
...duty to monitor the status of his case. Ex parte Weeks, 611 So. 2d 259 (Ala. 1992). This policy was discussed in Hart v. City of Priceville, 631 So. 2d 301 (Ala.Cr.App. 1993): "`"'[I]t is generally held in Alabama that a party is under a duty to follow the status of his case, whether he is ......
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Brown v. State
... ... 289, 160 L.Ed.2d 74 (2004); State v. Delisle, 137 N.H. 549, 630 A.2d 767 (1993); Mogard v. City of Laramie, 32 P.3d 313 (Wyo.2001); Ormond v. State, 599 So.2d 951 (Miss.1992); McClain v ... denied, 522 U.S. 1000, 118 S.Ct. 568, 139 L.Ed.2d 408 (1997); and Hart v. State, 612 So.2d 520 (Ala.Cr. App.), aff'd, 612 So.2d 536 (Ala. 1992), cert. denied, 508 U.S ... ...
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