Jason Isham v. State of Mississippi

¶ 44. I concur in result only, as I do not find that the trial judge misapplied the law or abused his discretion. I would hold that the trial judge acted within his discretion to refuse an untimely motion for expert funding and to refuse to grant an untimely motion for continuance. Yet we should not turn a blind eye to Isham’s claim that not having his own medical experts disadvantaged his defense. See Brandon v. State, 109 So.3d 128, 131 (Miss.Ct.App.2013). That disadvantage deprived Isham of a fair trial. Rarely, but if justice requires, this Court considers errors, whether assigned or not,…