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Appellate counsel says denial of continuance deprived defense of digital-forensics review; state says no prejudice shown
Summary
In oral argument on appeal, defense counsel said the trial court abused its discretion by denying a second continuance to obtain digital-forensics analysis of phones; the State countered the request was speculative and that the defense failed to show actual prejudice. The court took the matter under advisement.
Appellate counsel for the defendant asked the court to reverse the trial court's denial of a second motion to continue so the defense could obtain independent digital-forensics analysis of cellphone data; the counsel said the State's extraction was limited and the victim's phone was never extracted.
The defense told the appellate panel it relied on the trial record and briefs for two other issues but would argue primarily that the court's refusal to grant additional time denied the defense access to potentially material app and location data that could bear on premeditation and on whether another person might have been involved. "A person's entire life is on a cell phone," counsel said, arguing that…
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