California, United States of America
The following excerpt is from People v. Boothe, F063841 (Cal. App. 2013):
It was also proper for the court to evaluate the likelihood that a new trial motion would be granted. When a criminal defendant requests time for further investigation, the trial court must consider "'"not only the benefit which the moving party anticipates but also the likelihood that such benefit will result . . . ."'" (People v. Doolin (2009) 45 Cal.4th 390, 450.) A continuance may be granted to investigate exculpatory evidence, but the speculative nature of what is to be gained justifies its denial. (People v. Gatlin (1989) 209 Cal.App.3d 31, 40-42.)
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