State v. Taylor

I do not agree with the majority that the motion for a continuance was properly denied and therefore respectfully dissent.

The following occurred at trial:

"MR. HUNT: Your Honor, in light of that [granting of state’s motion], the defense would now move for a continuance so we can refile a motion.

"THE COURT: That would be denied.”

As stated by the majority, the trial court’s ruling on a motion for a continuance will not be disturbed unless there is shown an abuse of discretion and prejudice to the accused. Defendant is required by statute to make his Fourth Amendment objection to the…