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Criminal Law: Sexual Abuse-Denial of Continuance
Staff Report//February 12, 2020
Defendant appealed from his conviction of charges of sexual abuse. On appeal, defendant challenged the denial of his oral motion for a continuance made on the first day of trial, after the court had denied a prior continuance motion because defense counsel had been unable to reach defendant; defendant’s oral motion was made to contact a witness later identified as a state witness.
Where the trial court found that defendant intentionally repeatedly ignored defense counsel’s attempts at communication, withholding information about a witness who was later identified to be a state witness, there was no prejudice in the trial court’s denial of a continuance of the trial.
Judgment is affirmed.
State v. Morlang (MLW No. 74498/Case No. SD35765 – 7 pages) (Missouri Court of Appeals, Southern District, Lynch, J.) Appealed from circuit court, Greene County, Holden, J.
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