DOCUMENT 41

ELECTRONICALLY FILED
2/26/2016 10:29 AM
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 cases and as grounds therefore,
asserts the following:

1. This is a capital murder case set for April 4, 2016.

2. Mr. Cunningham was indicted on September 9, 2015.
3. Mr. Cunningham suffers from mental illness.
4. The forensic psychological evaluation by Dr. Karl Kirkland dated January 4,
2016, while finding Mr. Cunningham competent to stand trial states in pertinent
part: “IQ assessment reveals marginal intellectual function. He reads on a 3rd
grade level. He may very well be functioning in the upper ranges of mild
intellectual impairment. These results reveal that an Atkins Evaluation may be
need to be considered by the Court.”
5. Counsel for Mr. Cunningham is currently vigorously pursuing all records needed
by Dr. Kirkland.
6. Counsel will file the appropriate motions to achieve that need.
7. District Attorney, Doug Valeska, has been consulted and 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 25th day of February 2016.

/S/ Eric C. Davis (DAV 096)

Parkman White, LLP
661 W. Main Street
Dothan, Alabama 36301
(334) 792-1900

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