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DOCUMENT 222

ELECTRONICALLY FILED
2/21/2018 12:19 PM
37-CC-2015-000194.00
CIRCUIT COURT OF
HENRY COUNTY, ALABAMA
SHIRLENE B. VICKERS, CLERK
STATE OF ALABAMA, | IN THE CIRCUIT COURT OF
Plaintiff, | HENRY COUNTY, ALABAMA
|
v. | CC 15-194
|
HERMAN CUNNINGHAM, |
Defendant. |

MOTION TO CONTINUE

COMES NOW, Herman Cunningham, by and through undersigned counsel, and moves
this Honorable Court to continue the above-referenced case and as grounds therefore,
asserts the following:

1. This is a capital murder case set for March 19, 2018.


2. Mr. Cunningham suffers from mental illness.
3. Dr. Catherine Boyer, a Defense expert is scheduled to be out of the country that
week. Her trip was planned in December 2017 prior to the setting of this trial.
4. Mr. Cunningham has been at Taylor Hardin in Tuscaloosa since January and
counsel have not had access to their client.
5. Mr. Cunningham is still being evaluated at Taylor Hardin and counsel have not
been advised of an end date.
6. The Defendant will need Dr. Boyer to review Taylor Hardin’s evaluation prior to
trial.
7. District Attorney Pat Jones does not object to a continuance.
8. This continuance of this trial is not sought for the purpose of undue delay.

WHEREFORE, the Defendant requests that his case be continued.

Respectfully submitted the 21st day of February 2018.

/S/ Eric C. Davis (DAV 096)


Eric C. Davis, LLC
Post Office Box 1103
Dothan, Alabama 36302
(334) 671-7169

Certificate of Service
I hereby certify that I have served a copy of this motion on the District Attorney for the
20th Judicial Circuit by placing e-filing this date.

/S/ Eric C. Davis

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