Bernard Cheremont v. State

Bernard Cheremont appeals from his conviction for misdemeanor battery. He argues that the trial court abused its discretion in denying his request for a brief recess to secure the presence of a key witness. We agree and reverse for a new trial.

This case began on a park basketball court where Cheremont and the victim, Isaiah Walter, were involved in a pick-up basketball game. Following a heated exchange, Cheremont punched Walter, knocking him to the ground. Walter’s head hit the ground, causing him to lapse into a seizure. 1 Walter suffered significant injuries, including a broken cheekbone…