State v. Eatman

MARTIN, Judge.

Defendant’s counsel contends that the trial court erred in denying his motion for continuance and thereby deprived defendant of an opportunity fairly to prepare and present her defense in violation of the Federal and State Constitutions. Specifically, counsel argues that he requested the continuance in order to locate a crucial witness whom he had previously attempted to locate without success.

It is a well recognized rule that the Sixth Amendment right of confrontation carries with it the opportunity fairly to prepare and present one’s defense and the right to face one’s accuser…