A Lubbock County judge this morning postponed the trial of Justin McKinney until next week after McKinney's attorney failed to comply with a court order.
McKinney is on trial for driving while intoxicated.
He was arrested after being involved in a head-on collision that killed a Sheriff's deputy in 2009.
An accident reconstructionist was scheduled to testify this morning, but Bill Wischkaemper, McKinney's attorney, failed to provide prosecutors with required materials related to the witnesses expert testimony.
The law requires defense attorneys to provide prosecutors with evidence relied upon by a witness sought to be designated as an "expert" to render his opinion.
Wischkaemper did not provide that data.
"Absolutely the defendant is entitled to a fair trial. Absolutely the state is entitled to a fair trial," Judge Rusty Ladd said. "We don't practice 'gotcha litigation' in this county and certainly not in this courtroom."
The trial will likely be reset for Wednesday of next week.
For more on this story, read Thursday's Avalanche-Journal.