When will a judge grant a continuance for the trial of Miranda?

California, United States of America


The following excerpt is from People v. Ramirez, E057173 (Cal. App. 2014):

[Citation.]'" (People v. Memro (1995) 11 Cal.4th 786, 852-853, quoting People v. Wright (1990) 52 Cal.3d 367, 389.) Here, there was no showing Miranda was incompetent or that the continuances were solely based on his need to serve other clients. The record shows that the continuances were based on, not only Miranda being engaged in trial, but also on Miranda needing additional time to prepare for trial.

While some of the reasons for requesting the four continuances, alone, might not constitute good cause to continue the trial, there was a sufficient basis for finding good cause for the four continuances based on the totality of the circumstances. Miranda indicated he needed additional time to adequately prepare for defendant's trial. In addition, the continuances were relatively brief; the case had not been pending very long; and the trial had been continued once before the request for a continuance on June 12, 2012. "If counsel seeks reasonable time to prepare a defendant's case, and the delay is for defendant's benefit, a continuance over the defendant's objection is justified." (People v. Lomax (2010) 49 Cal.4th 530, 556.)

Other Questions


Can a trial judge grant a continuance for good cause even if a decision by the supervising or presiding judge was in error? (California, United States of America)
What is the test for a trial judge to proceed with the trial of a defendant under section 1368 of the California Mental Health Act if the trial judge receives the reports of two psychiatrists? (California, United States of America)
Can a judge grant a conditional new trial order in a case where the only issue litigated in the second trial was damages? (California, United States of America)
Can a trial judge that commences a jury trial be prevented from proceeding until the trial is over? (California, United States of America)
Is there any case law where a judge has found that a trial judge made a "minor error" in making decisions in a trial? (California, United States of America)
Is there any error in granting a motion for a new trial when the trial judge dies before hearing the motion? (California, United States of America)
Does a motion for a new trial have to be granted because the trial court refused to grant a motion to sever? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Does a motion for a new trial have to be granted because the trial court refused to grant a motion to sever? (California, United States of America)
How has the trial judge considered the fact that a judge personally viewed the properties at the inception of the trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.