Missouri Court of Appeals, Southern District / Jul 8, 2020
STATE OF MISSOURI, Plaintiff-Respondent v. MATTHEW CURTIS TABER, Defendant-Appellant
Matthew Taber was convicted of first-degree assault and trespassing. After conviction, a question arose regarding his competency to proceed to sentencing. At a post-trial competency hearing, the trial court denied Taber's request for a continuance, which was sought due to the unavailability of his expert witness, and subsequently found him competent. On appeal, Taber argued the trial court abused its discretion in denying the continuance. The appellate court affirmed, concluding that Taber failed to demonstrate due diligence in securing his witness's attendance and failed to show prejudice from the denial.