UPDATE | The judge has delayed a motion by Aiden Fucci’s lawyer to delay his murder trial.
– Circuit Judge Lee Smith on Wednesday denied a motion filed earlier in the day by the lawyer representing Aiden Fucci, the teen accused of killing Tristyn Bailey, asking for a continuance of his murder trial and saying she is appealingFucci’s lawyer argued the issue is going to be taken up by the Fifth DCA, so the stay should be granted.
The state noted the Fifth DCA did not issue what’s called a “show cause” order, which would have halted the trial. The defense lawyer acknowledged it was a mistake by her not to file that writ as an emergency. She still can. The judge said that for the Fifth DCA to accept the writ as an emergency, it would have to certify a conflict with existing law. That would land the argument before the Florida Supreme Court, which would mean an extensive delay in the trial. The judge said was unacceptable.The motion for continuance was filed Wednesday morning — just hours before
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