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Appellate panel hears challenge to denial of continuance and sentencing in Frazier retrial

2160483 · January 29, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

At oral argument, defense counsel said the trial court erred by refusing a short continuance to allow retained counsel to prepare for a 9‑year‑old murder retrial; the state argued the court properly balanced docket control and fairness and that sentencing enhancements were supported by the record.

An appellate panel heard argument in the criminal appeal of Mr. Frazier focused on two central issues: whether the trial court abused its discretion by denying a continuance to allow retained counsel to prepare, and whether the court misapplied enhancement factors when imposing a maximum sentence.

Appellant's counsel argued the denial of a continuance violated the Sixth Amendment right to retained counsel of choice because Mr. Frazier had secured Logan and Thompson (Lister Logan appeared with Mr. Hewitt via video) roughly three weeks before the scheduled retrial and the case had been pending since July 2012. Counsel summarized the case history: the defendant was initially tried in January 2016, convicted of first‑degree murder, the conviction was reversed and remanded on July 1, 2019, and Mr. Frazier was released on May 26, 2020 after pretrial supervision, GPS monitoring and bond arrangements. Defense counsel told the court the new lawyers told the trial judge they could be ready in “three to six months” and that…

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