People v. Jackson

This case presents the question whether the trial court properly denied the prosecutor’s request for a continuance where a subpoenaed witness failed to appear on the date set for trial. We hold that the trial court abused its discretion in denying a continuance in the circumstances presented in this case. We thus reverse the judgments of the Court of Appeals and the trial court and remand the case to the trial court for further proceedings consistent with this opinion.

I. FACTUAL BACKGROUND AND PROCEDURAL POSTURE

Defendant was charged with two counts of armed robbery, MCL 750.529, and one count…