State v. WillianderAnnotate this Case
The circuit court erred in failing to continue trial because of the unavailability of a defense witness.
Defendant was found guilty of second degree robbery. On the first day of his trial, defendant moved to continue because the police officer who had arrested him and spoken with him shortly after the alleged robbery was unavailable to testify. The circuit court denied the motion. Following closing arguments, Defendant filed a motion for mistrial, which the circuit court denied. After he was found guilty, Defendant moved for a new trial, which the circuit court denied. The Supreme Court reversed, holding (1) the circuit court erred in denying Defendant’s motion because the police officer’s testimony was relevant and material testimony that benefitted Defendant; and (2) accordingly, Defendant’s right to compulsory process to obtain witnesses in his favor was violated.