State v. Sowders

The sole issue presented is whether the trial court abused its discretion in denying the defense motion for a continuance under the facts of this case, which resulted in trial commencing within eleven days of appellant’s arraignment for robbery. This court has carefully examined the record and finds that, under the circumstances presented herein, the trial court did not abuse its discretion in denying the motion for a continuance.

It is a basic due process right and indeed essential to a fair trial that a defense counsel be afforded the reasonable opportunity to prepare his case. See, e.g.,…