Can a criminal defendant request a continuance to permit retained counsel to recover from a heart attack?

California, United States of America


The following excerpt is from People v. Camarillo, H045685 (Cal. App. 2020):

Cases that have concluded that a criminal defendant was deprived of his counsel of choice have typically involved criminal defendants who affirmatively requested a continuation to permit preferred counsel to take on the case or affirmatively requested that counsel be substituted with different counsel. (See People v. Crovedi (1966) 65 Cal.2d 199, 202 [trial court's denial of seven-week continuance to permit retained counsel to recover from heart attack denied the defendant due process of law]; People v. Courts, supra, 37 Cal.3d 784 [trial court's denial of defendant's request for substitution of attorneys and for a continuance required reversal of the judgment].)

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