Hayden v. State

NORTHCUTT, Acting Chief Judge.

Kenneth Hayden appeals his convictions for burglary of a dwelling and dealing in stolen property. He contends his trial went awry when the court permitted the State to introduce fingerprint evidence produced on the eve of trial, and denied Hayden a continuance to allow him to obtain his own fingerprint expert. We conclude that refusing the continuance was an abuse of discretion which denied Hayden a fair trial. We reverse and remand for a new trial.

The State’s case against Hayden was entirely circumstantial. On the day of the burglary in January 1996, police…