Perpall v. State
The Third DCA reversed Perpall's convictions after the trial court denied a one-day continuance to secure an exculpatory defense witness who had appeared for deposition that morning but left the courthouse before testifying. The court held that Perpall met the four-part test for reversible denial of a continuance and rejected the trial court's rationale that due diligence required seeking a writ of bodily attachment.
Key facts
- Defendant Perpall was convicted in trial court after the court denied his request for a one-day continuance to secure testimony from an exculpatory defense witness who had appeared for deposition that morning but left the courthouse before testifying.
- The witness had been subpoenaed and appeared at the courthouse on the day of trial, expressing willingness to testify about another individual's involvement in the crime.
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