King v. State
| Docket Number: | 2005-KA-02234-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-31-2007 Opinion Author: ROBERTS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Capital murder - Continuance - Unavailable witness Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND CARLTON, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 08-17-2005 Appealed from: NEWTON COUNTY CIRCUIT COURT Judge: Vernon Cotten Disposition: CAPITAL MURDER - SENTENCE OF LIFE IN PRISON WITHOUT PAROLE District Attorney: Mark Sheldon Duncan Case Number: 04-CR-056-NW |
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| Party Name: | Attorney Name: | |||
| Appellant: | BILLY PAUL KING |
W. MITCHELL MORAN |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Capital murder - Continuance - Unavailable witness |
| Summary of the Facts: | Billy King was convicted of capital murder and sentenced to life imprisonment without parole. He appeals. |
| Summary of Opinion Analysis: | King argues that the trial court committed reversible error when it denied a request for recess or continuance to allow time for the sheriff to serve a subpoena on a potential witness. The trial court did not abuse its discretion in denying the continuance in order to allow the witness’s testimony at a later date. Defense counsel did not use due diligence when it learned of the witness to assure that he would be available to testify. Further, the supreme court has held that a trial court did not abuse its discretion in denying a continuance due to an absent witness, when the defendant failed to indicate the whereabouts of the witness or show that the witness would be available in the future. Here, there is only a vague reference that the witness may be somewhere in St. Louis, Missouri. |
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