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Case: 25CI1:18-cr-00076-AHW Document #: 32 Filed: 04/18/2019 Page 1 of 3

IN THE CIRCUIT COURT OF HINDS COUNTY, MISSISSIPPI

FIRST JUDICIAL DISTRICT

STATE OF MISSISSIPPI PLAINTIFF

VS. CAUSE NO: 18-0-076

LIDARIOUS DIXON DEFENDANT

MOTION FOR CONTINUANCE

COMES NOW, the State of Mississippi, by and through the Office of the Hinds County

District Attorney’s Office and files this Motion for Continuance and asks that this court continue

the trial in this matter and states to wit:

1. The Defendant was indicted in this matter on February 22, 2018, for the felony offences

of Capital Murder, Attempted Armed Robbery and Conspiracy to Commit Armed

Robbery, in the above cause number.

2. The Defendant was arraigned on said charges on February 22, 2018, and the case is set

for trial on May 6, 2019.

3. That Dr. Lisa R. Funte, M.D., performed an autopsy on Chelsie Lynn Kirschten, the

homicide victim in this case, while employed by the State of Mississippi as a Medical

Examiner at the Mississippi Crime Lab. Dr. Fuente now lives and works in Tennessee.

4. That on April 17, 2019 this Assistant District Attorney communicated with Kristy

Simmons, administrator for the Medical Examiner at the Mississippi Crime Lab, and was

informed that Dr. Fuente performed this autopsy and to contact her directly. I have

attempted to contact Dr. Fuente without success to inquire of her availability for the week

of May 6, 2019 and for future availability.

Case: 25CI1:18-cr-00076-AHW Document #: 32 Filed: 04/18/2019 Page 2 of 3

5. Dr. LeVaughn is currently the only medical examiner for the State of Mississippi. As

such, Ms. Simmons was not able to confirm date and time availability for a medical

examiner for the Lidarious Dixon trial.

6. I have made further inquiry regarding Dr. Davis’ availability regarding his availability to

testify as a concurring medical examiner via email and telephone. I have not heard back

from him either.

7. The State is requesting the matter be continued to a date certain due to the unavailability

of a forensic medical examiner.

8. The State submits and affirms that this motion to continue is not intended to unduly delay

the case but rather, is made in good faith in an effort to procure the attendance of an

essential State’s witness, a Medical Examiner.

For the above and foregoing reasons the State moves that the trial in this matter be continued.

RESPECTFULLY SUBMITTED, on this the 18th day of April, 2019.

STATE OF MISSISSIPPI

BY: /s/Jennifer Powell-Malik

JENNIFEER POWELL-MALIK
Jennifer Powell-Malik
MSB# 99840
Assistant District Attorney
Office of Hinds County District Attorney
407 East Pascagoula Street
P.O. Box 22747
Jackson, Mississippi
601-968-6568
jmalik@co.hinds.ms.us
Case: 25CI1:18-cr-00076-AHW Document #: 32 Filed: 04/18/2019 Page 3 of 3

CERTIFICATE OF SERVICE

I, Jennifer Powell-Malik, do hereby certify that I have this emailed a true and correct copy
of the above and foregoing State’s Motion to Continue to the following:

Honorable Christopher Routh, Esq.

Attorney for the Defendant
crouth@co.hinds.ms.us

So certified this the 18th day of April, 2019.

/s/Jennifer Powell-Malik
JENNIFER POWELL-MALIK
OFFICE OF DISTRICT ATTORNEY
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