Lewis v. the State
330 Ga. App. 650
| Ga. Ct. App. | 2015Background
- Lewis was indicted February 21, 2012 for false imprisonment, elder abuse, aggravated assault, and hindering an emergency call.
- Multiple attorneys entered appearances for Lewis and were replaced, including Morgan, Smith, Riedel, and Jarriel.
- On October 7, 2013, Lewis waived jury trial; Jarriel announced readiness for trial and the court set trial for October 11.
- At trial, Lewis discharged Jarriel and sought a continuance; the court denied the continuance and the bench trial proceeded with Lewis pro se.
- The court allowed time to review medical records handed to Lewis, but he did not proffer witnesses or otherwise show admissible evidence.
- The trial court ultimately found Lewis guilty; on appeal, the denial of the continuance was challenged.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the continuance denial an abuse of discretion? | Lewis | State | No, continuance denial upheld. |
| Was Lewis entitled to a continuance due to last-minute counsel discharge? | Lewis used discharge as tactic | State | No, court could deem discharge a tactic and proceed. |
| Did the trial court err by denying time to obtain witnesses? | Lewis failed to proffer witnesses | State | No, insufficient proffer. |
| Was there mental-illness evidence requiring a continuance? | Mental illness | State | No, competency found; no continuance required. |
Key Cases Cited
- McConnell v. State, 263 Ga. App. 686, 687 (1) (589 SE2d 271) (2003) (Ga. App. 2003) (discharge as dilatory tactic may justify denying continuance)
- Huckaby v. State, 127 Ga. App. 439, 440 (1) (194 SE2d 119) (1972) (Ga. App. 1972) (sudden withdrawal not ipso facto grounds for continuance)
- Bryant v. State, 268 Ga. 616, 617-618 (2) (491 SE2d 320) (1997) (Ga. 1997) (denial of continuance after counsel discharge during jury selection upheld)
- Cain v. State, 310 Ga. App. 442, 444 (1) (714 SE2d 65) (2011) (Ga. App. 2011) (no error denying continuance; defendant proceeded pro se)
- Massalene v. State, 224 Ga. App. 321, 322 (1) (480 SE2d 616) (1997) (Ga. App. 1997) (no continuance when defendant discharged attorney on day of trial and proceeded pro se)
- Bacon v. State, 146 Ga. App. 468, 246 SE2d 475 (1978) (Ga. App. 1978) (fault in nonrepresentation lies with defendant; no continuance for last-minute firing)