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Home / Courts / Criminal Practice – Criminal Sexual Conduct – Continuance Denied – Last-Minute Motion – Prosecution Argument – Burglary – Intent (access required)

Criminal Practice – Criminal Sexual Conduct – Continuance Denied – Last-Minute Motion – Prosecution Argument – Burglary – Intent (access required)

State v. Meggett At the beginning of his trial -- nearly two years after he was arrested and seven months after he was notified that the case would be placed on the trial docket -- defendant moved for a continuance so he could have a comforter tested for two-year-old DNA. Defendant made no showing that the comforter had not been cleaned or used by anyone else in the interim. Based on defendant’s inaction in attempting to obtain the comforter prior to requesting a continuance and the lack of evidence supporting his contention that the comforter still contained important evidence, we find the trial court did not abuse its discretion in denying defendant’s motion for a continuance.

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