State of Missouri v. Nanette Sue Litherland, 477 S.W.3d 156

Nanette S. Litherland appeals after a jury convicted her of first-degree assault and first-degree murder, with reversible error asserted on denied continuance.
The offenses related to shootings at the Litherland family farm: James Litherland shot on Sept 22, 2009; Jerry Litherland killed on Nov 8, 2009.
Defendant’s sole defense witness, M.L., was pregnant and went into labor the morning of trial, creating temporary unavailability.
Defense sought a one-week continuance; the State opposed; the court denied the motion and proceeded to trial without live testimony from M.L.
Rule 25.13 would allow deposition testimony if witness is unavailable, but the court’s denial raised issues about using a deposition given M.L.’s anticipated live testimony.
The appellate court held the denial of the continuance was an abuse of discretion, prejudicial to Litherland, and remanded for a new trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether denial of a continuance for a temporarily unavailable sole defense witness was reversible error	Litherland contends denial abused discretion and prejudiced defense	State argues no abuse; trial proceeding despite unavailability was permissible	Abuse of discretion; prejudicial; remand for new trial

State v. Salter, 250 S.W.3d 705 (Mo. banc 2008) (continuance standards and prejudice considerations)
State v. Blocker, 133 S.W.3d 502 (Mo. banc 2004) (witness unavailability and right to defense)
State v. Morin, 873 S.W.2d 858 (Mo. App. S.D. 1994) (prejudice where defense witness unavailable)
State v. Simonton, 49 S.W.3d 766 (Mo. App. W.D. 2001) (due process and right to present witnesses in defense)
State v. Blocker, 133 S.W.3d 502 (Mo. banc 2004) (reiterated analysis of continuance due to key witness)
McBurney v. Cameron, 248 S.W.3d 36 (Mo. App. W.D. 2008) (deposition vs. live testimony credibility considerations)
State v. Wilson, 732 S.W.2d 186 (Mo. App. W.D. 1987) (prejudice from absence of vital witness)
State v. Salter, 250 S.W.3d 705 (Mo. banc 2008) (discretionary standard for continuances)