Morgan v. State

I cannot agree with the majority’s determination that the trial court did not err in denying Morgan’s motion for a continuance. Morgan moved for a continuance based on the unavailability of his expert witness, Dr. Travis Tunnell, a psychologist. Dr. Tunnell was the only defense expert that Morgan retained to examine him and to testify with respect to his affirmative defense of mental disease or defect. Dr. Tunnell had been served and was purportedly prepared to testify at the trial that was scheduled for January 21, 1997.

On January 7, 1997, Dr. Tunnell suffered a medical emergency that…