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Maxwell [37] argued by F.

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Lee Bailey. Sam Sheppard , a doctor was convicted of second degree murder of his wife. The case had been subjected to a large amount of pre-trial news coverage and widespread speculation about Sheppard's guilt. The United States Supreme Court ruled that the case should be remanded for a new trial, opining that the trial court should have limited news access prior to the trial. Change of venue requests, choice of a new venue and where the new venue is sought because of local prejudice varies in different jurisdictions.

General case law is discussed. Continuances are traditionally granted to allow the defendant additional time for procuring an absent witness, or other evidence necessary for the defense or the prosecution of the applicant's case. Several factors are considered in issuing a continuance on the ground that a witness or evidence is absent:. To obtain a continuance on the basis of absence of counsel in a criminal trial, the defendant must show that the absence was attributable to some unforeseeable cause.

When the absence of counsel is caused by an act or omission of the defendant, a continuance may be properly denied. The Supreme Court of the United States will not postpone argument for the purpose of giving a famous counsel an opportunity to appear for a party adequately represented by other able counsel. Discretion for the criminal trial court to grant or deny a continuance is ultimately limited and defined by the Sixth Amendment to the United States Constitution and the Fourteenth Amendment of the United States Constitution.

These include the right to have effective counsel. A legitimate difference of opinion in trial tactics between the defendant and counsel lawyer can be a reason for dismissing the lawyer in a criminal case, and the seeking of a continuance.

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A continuance may be granted if the counsel is legitimately engaged in another professional proceeding. A continuance may be granted in a criminal case where matters arise that could not have been reasonably anticipated. A continuance should be granted where depositions with information tending to create an alibi for the accused had been suppressed.

If the defendant has been deceived by the state in a criminal action, a continuance can be granted. A continuance can be granted if there is an amendment to the indictment or introduction of new information in the criminal complaint. A continuance may be granted because there has been unexpected evidence or testimony. This includes additional witnesses not named in the original indictment, or unanticipated testimony of witnesses, such as major differences of fact from deposition and trial.

Minor differences in testimony do not constitute surprise. In some cases, the denial of a continuance to allow for adequate trial preparation may constitute grounds for an allegation of denial of effective assistance of counsel as required by the Sixth Amendment. The propriety of the trial court's refusal of a continuance sought on the ground of a want of time for a preparation of the defense of a criminal case depends on the facts and circumstances of the individual case.

A conviction may be reversed if, in the discretion of the court, the accused was not given an adequate time to prepare a defense, and this was material in depriving the accused of a fair trial. A criminal prosecution may be continued if the defendant is too ill to attend the trial. Notable is a case of an year-old man who had many delays due to a chronic medical condition.

In his trial, the judge ruled there was little hope he would ever be in a better condition, and denied the continuance. There has been opposite opinion where a continuance was allowed, and any question of a prospective improvement in the defendant was not the test and irrelevant. A continuance is proper when the accused is unable to assist counsel because of mental illness. The absence of counsel is a recognized ground for continuance of a civil case and is in the discretion of the court to grant or deny.

Illness, death or withdrawal of counsel in civil cases are also reasons for granting a continuance. A civil case may be continued due to a lack of evidence [80] or witnesses. An affidavit for continuance that did not state the name and address of an absent witness and what the defendant expected to prove by his testimony failed to comply with the requirements of the statute, and denial thereof was not an abuse of the trial court's discretion.

If all the requirements of an application for a continuance are met and described in the affidavit submitted to the court, and it is not being done for purposes of delay, it may be an abuse of discretion to deny a continuance. To justify a continuance of a civil case due to the absence of evidence, the missing evidence must be shown to have relevance to the case.

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The missing evidence must be material to some issue in the case. Generally, in a civil case, a continuance sought due to absence of evidence will not be granted unless reasonable diligence has been used to procure it. In some jurisdictions, the issuance of a subpoena is evidence of due diligence. In many jurisdictions the service of a subpoena by itself, is insufficient to entitle a party to a continuance because of the absence of a witness.

To demonstrate the absence of material evidence in the form of papers, documents and the like, it is usually necessary to show that a subpoena duces tecum has been issued. A continuance in a civil case can be granted because of the death or illness of a party to the action.

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The absence of counsel is a recognized ground for continuance of a civil case. A court is not required to grant a postponement merely because a party's attorney is absent. The court may require that the party seeking the continuance to show the reasons that the counsel is absent. The absence of a party may be grounds for a continuance of a civil case. It must be determined by the court whether the absence of a party or witness is material to the case, and whether there have been prior continuances or delays. Absence because of voluntary intoxication is not a proper reason to continue a civil case.

A party may have a good ground for a continuance of a civil case when through no fault of their own, it is taken by surprise by the conduct of its adversary and would be unjustly prejudiced if forced to proceed without being given an opportunity to prepare to meet the new situation.

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Surprises include an amendment or substitution of pleadings. A continuance may be granted because more time is needed to prepare for trial. Where a defendant in a civil proceeding is entitled to have interested persons joined as parties added to the list of plaintiffs or defendants in the case , and it is shown at the trial that those persons have not been included in the petition, he is entitled to a postponement of the trial until they can be joined.

Applications for continuance usually must be in writing and given to both the court and the opposing party other litigants. Failure in this will lead to a refusal for a continuance.


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Affidavits outlining the reasons for application of a continuance are usually required to accompany the written request. A hearing may be held on the issue of the propriety of an application for a continuance.

This occurred when the court came to a conclusion outside the facts presented at trial, and were contradictory to a physician's testimony that it was unsafe for the defendant to appear. A continuance is a judicial act and takes a judicial act to overturn it. It is within the discretion of the court to assign and impose costs for a continuance in a civil case. Extensive case law reviewed. From Wikipedia, the free encyclopedia. For the album by Greetings From Mercury, see Continuance album. State, 39 Ala , So.

Tannehill 49 F. Baker, 63 F. Superior Court, 29 Cal. Superior Court, 32 Cal. Find court documents for the following cases of public interest. Most traffic violations carry a payable fine amount. Foley Municipal Court is a criminal misdemeanor court that handles misdemeanors and traffic offenses that occur within the Foley City Limits.

On your plea of guilty or no contest, the court will defer a finding of guilt, assess Court costs, and order that you post a bond and comply with certain conditions. Traffic Court is part of the Provincial Court of Alberta. Hours of Operation - a.


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  8. Take South and continue into Oakland. It is recommended to arrive at least by a. City of Gulfport Municipal Court. Court Office Hours: am to pm, Monday through Friday, except on holidays. To plead Not Guilty and request a hearing for a traffic infraction, you must submit your request in writing or online.

    Probation Officers; Traffic. This need was based on the inability to locate non-profit organizations willing to take on the responsibility of supervising court ordered community service for individuals under the age of The Peoria Municipal Court handles criminal misdemeanors, traffic violations, city code violations, injunctions prohibiting harassment and orders of protection in Peoria, Arizona. To answer these, contact the local court directly.

    When a person receives a traffic ticket, the court date and time are listed on the bottom of the ticket. If you have recently received a traffic citation in Duval County, please review the information provided regarding the payment of traffic citations, traffic citation options, and fee amounts as they may apply to you.

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    Court services are increasingly available online, by telephone, email, and through the mail which contributes to compliance in a customer service and eco-friendly way. The Apache Junction Municipal Court handles misdemeanor criminal cases, civil traffic violations and city code offenses that occur within the city limits of Apache Hours Except legal holidays a. The official language used for the content of the Los Angeles Superior Court public website is English.

    Mailing Address: P. Job Opportunities. The court is open to the public Monday through Friday between am to pm except for the holidays listed below. Frequently Asked Questions; Probation. Call Center. Traffic Court deals with violations of traffic laws and other minor offenses. Take the I freeway to Roy Rogers Drive off ramp. In California, as in all states, there is a separate court system for persons under the age of 18, who are known as minors or juveniles.