Porter v. State

Keith Porter challenges his conviction and sentence for aggravated battery. On appeal Porter argues that the trial court erred in denying his motion for a continuance which would have allowed additional time for his mental health expert to assist in his defense. Because we find that the trial court abused its discretion in denying Porter’s motion, we reverse and remand for a new trial.

On November 25, 1997, defense counsel filed a motion to have Porter undergo psychological evaluation in order to determine, among other things, whether Porter was, by reason of mental defect or infirmity, unable…