Mobuary v. State
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Petitioner was convicted of second degree assault in two cases. Petitioner, who was incarcerated at a correctional facility, appealed both convictions but was not transported to court on the date he was scheduled to appear for his appeals. Based solely on secondhand information from an unidentified source indicating that Petitioner refused to be transported, the circuit court dismissed Petitioner's appeals. Petitioner subsequently filed a motion to reinstate his appeal, indicating that he had not refused to be transported to court. The trial judge denied the motion. Petitioner then filed a petition for a writ of certiorari, which the Court of Appeals granted. The Court of Appeals vacated the judgment of the circuit court, holding that the circuit court erred in dismissing Petitioner's motion to reinstate his appeal under the circumstances of this case.
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