Denial of continuance by trial judge affirmed in criminal trial: FREDLINE V. COM. (SC 12/20/2007)

FREDLINE V. COM.
CRIMINAL:  Murder
2006-SC-000281-MR.pdf
PUBLISHED: AFFIRMING
MEMORANDUM OPINION
DATE RENDERED: 12/20/2007

SC affirmed Fredline’s conviction and 25 year sentence for murder. TC did not abuse its discretion in denying Defendant’s motion for a continuance because the Defendant suffered no identifiable prejudice by this denial. TC did not err in prohibiting expert witness’s testimony that Defendant was suffering from extreme emotional disturbance when he committed the murder. The evidence in this case did not support a voluntary intoxication instruction. SC found a formal competency hearing was not required in this case and KRS 504.100(3) was satisfied.

Digested by Scott C. Byrd
Olgin and Byrd

In affirming Defendant’s conviction for murder, SC rejected numerous claims of error.