All Content

Posted by: Tanja Trezise on Oct 22, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Patrick S. Butler, Waynesboro, Tennessee, for the appellant, Chris Cummins.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel Harmon, Assistant Attorney General; Mike Bottoms, District Attorney General; and Doug Dicus and Brent Cooper, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The defendant, Chris Cummins, was indicted for first degree murder. The State’s proof included the testimony of an inmate who had been housed with the defendant in prison and who claimed the defendant confessed to the crime. The defendant moved for a continuance based on the fact that he was only made aware of this witness on the morning the trial began, and the trial court denied his motion. The jury returned a guilty verdict, and the defendant was sentenced to life in prison. The defendant asserts on appeal that he is entitled to a new trial because the court erred in denying his request for a continuance. After a careful review of the record, we affirm the judgment of the trial court.