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    Motion - pdf4th Motion To Continue PDF

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    Reba Kennedy
    The defendant's attorney filed a Fourth Motion to Continue the murder trial, which is currently set for August 14, 2017. On August 1, the attorney became aware of an alibi witness for the defendant. On August 2, the attorney filed a Notice of Intent to Rely on Alibi. The attorney has not completed investigating the defendant's alibi defense and needs more time to identify other potential witnesses. Granting the continuance is necessary to ensure the defendant receives effective counsel and his constitutional rights to due process are upheld.

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    Motion - pdf4th Motion To Continue PDF

    Uploaded by

    Reba Kennedy
    863 views2 pages
    The defendant's attorney filed a Fourth Motion to Continue the murder trial, which is currently set for August 14, 2017. On August 1, the attorney became aware of an alibi witness for the defendant. On August 2, the attorney filed a Notice of Intent to Rely on Alibi. The attorney has not completed investigating the defendant's alibi defense and needs more time to identify other potential witnesses. Granting the continuance is necessary to ensure the defendant receives effective counsel and his constitutional rights to due process are upheld.

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    Motion.pdf4th Motion to Continue.pdf

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    The defendant's attorney filed a Fourth Motion to Continue the murder trial, which is currently set for August 14, 2017. On August 1, the attorney became aware of an alibi witness for the defendant. On August 2, the attorney filed a Notice of Intent to Rely on Alibi. The attorney has not completed investigating the defendant's alibi defense and needs more time to identify other potential witnesses. Granting the continuance is necessary to ensure the defendant receives effective counsel and his constitutional rights to due process are upheld.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    863 views2 pages

    Motion - pdf4th Motion To Continue PDF

    Uploaded by

    Reba Kennedy
    The defendant's attorney filed a Fourth Motion to Continue the murder trial, which is currently set for August 14, 2017. On August 1, the attorney became aware of an alibi witness for the defendant. On August 2, the attorney filed a Notice of Intent to Rely on Alibi. The attorney has not completed investigating the defendant's alibi defense and needs more time to identify other potential witnesses. Granting the continuance is necessary to ensure the defendant receives effective counsel and his constitutional rights to due process are upheld.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    Filing # 59928399 E-Filed 08/03/2017 04:33:46 PM

    IN THE CIRCUIT COURT OF THE


    FIFTH JUDICIAL CIRCUIT IN AND FOR
    MARION COUNTY, FLORIDA

    STATE OF FLORIDA, CRIMINAL DIVISION


    Plaintiff, CASE NO.: 2011-3085-CF-A

    vs.

    JAMES BANNISTER,
    Defendant.
    /

    DEFENDANTS FOURTH MOTION TO CONTINUE TRIAL

    The undersigned, hereby files Defendants Fourth Motion to Continue Trial and in
    support states:
    1. The Defendant is charged with four counts of Capital Murder in which the State of
    Florida is seeking the death penalty.
    2. Mr. Bannisters case is currently set for trial on August 14, 2017.
    3. On August 1, 2017 undersigned counsel became aware of an alibi witness in Mr.
    Bannisters case.
    4. On August 2, 2017 undersigned counsel filed a Notice of Intent to Rely on Alibi.
    5. The Court has previously denied three other motions to continue.
    6. Undersigned counsel has not completed his investigation into Mr. Bannisters alibi
    defense and is still in the process of identifying potentially critical witnesses.
    7. The trial date of August 14, 2017 does not provide counsel with sufficient time to
    complete a thorough investigation.
    8. The denial of this motion would deprive the defendant's rights to effective assistance of
    counsel, freedom from cruel and unusual punishment, and due process and equal protection
    under State and Federal Constitutions. U.S. CONST. amend. VI, VIII, & XIV; FLA. CONST.
    art, 2,9,16, & 17.

    Wherefore, the undersigned REQUESTS the motion for continuance be granted.

    Respectfully Submitted,

    1
    /s/ Terence Lenamon
    Terence M. Lenamon
    Florida Bar # 0970476
    245 SE 1st Street, Suite 404
    Miami, Florida 33131
    305/ 373-9911
    terry@lenamonlaw.com

    Certificate of Service

    I HEREBY CERTIFY that a copy of the foregoing motion has been furnished via email

    to the Office of the State Attorney, eservicemarion@sao5.org , this 3rd day of August, 2017.

    /s/ Terence Lenamon

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