Filing # 59928399 E-Filed 08/03/2017 04:33:46 PM

IN THE CIRCUIT COURT OF THE

FIFTH JUDICIAL CIRCUIT IN AND FOR
MARION COUNTY, FLORIDA

STATE OF FLORIDA, CRIMINAL DIVISION

Plaintiff, CASE NO.: 2011-3085-CF-A

vs.

JAMES BANNISTER,
Defendant.
/

DEFENDANTS FOURTH MOTION TO CONTINUE TRIAL

The undersigned, hereby files Defendants Fourth Motion to Continue Trial and in
support states:
1. The Defendant is charged with four counts of Capital Murder in which the State of
Florida is seeking the death penalty.
2. Mr. Bannisters case is currently set for trial on August 14, 2017.
3. On August 1, 2017 undersigned counsel became aware of an alibi witness in Mr.
Bannisters case.
4. On August 2, 2017 undersigned counsel filed a Notice of Intent to Rely on Alibi.
5. The Court has previously denied three other motions to continue.
6. Undersigned counsel has not completed his investigation into Mr. Bannisters alibi
defense and is still in the process of identifying potentially critical witnesses.
7. The trial date of August 14, 2017 does not provide counsel with sufficient time to
complete a thorough investigation.
8. The denial of this motion would deprive the defendant's rights to effective assistance of
counsel, freedom from cruel and unusual punishment, and due process and equal protection
under State and Federal Constitutions. U.S. CONST. amend. VI, VIII, & XIV; FLA. CONST.
art, 2,9,16, & 17.

Wherefore, the undersigned REQUESTS the motion for continuance be granted.

Respectfully Submitted,

1
 /s/ Terence Lenamon
Terence M. Lenamon
Florida Bar # 0970476
245 SE 1st Street, Suite 404
Miami, Florida 33131
305/ 373-9911
terry@lenamonlaw.com

Certificate of Service

I HEREBY CERTIFY that a copy of the foregoing motion has been furnished via email

to the Office of the State Attorney, eservicemarion@sao5.org , this 3rd day of August, 2017.

/s/ Terence Lenamon